CODE OF CIVIL

PROCEDURE, 1908
OBJECTIONS AND
TRANSFER
 OBJECTION TO SUITS
 Objection to Jurisdiction
 Section 21
 An objection as to territorial jurisdiction of Court has to be taken at earliest possible
opportunity (At the Court of First Instance) and in any case at or before settlement of issues.
Objection not taken at the earliest cannot be allowed to be taken at subsequent stage
(Before the Appellate or Revisional Courts).
 Furthermore, an objection as to competence of Court with pecuniary limits or that of a Court
of execution shall also not be entertained at a later stage unless there is a consequent
failure of justice.
 The policy underlying Section 21 is that when a case has been tried by a Court on the
merits and judgment rendered, it should not be liable to be reversed purely on the technical
grounds, unless it has resulted in failure of justice. The policy of legislature has been to treat
objection to jurisdiction both pecuniary and territorial as technical.
 An objection regarding lack of territorial or pecuniary jurisdiction is merely technical and
does not go to the root of the jurisdiction of the Court to try a case. It is well settled that
such objections can be waived by a party and are capable of being cured by acquiescence,
order of the Court or in other respects as provided by law.
 OBJECTION TO SUITS
 Objection to Jurisdiction
 Section 21
 It is well-settled that neither consent nor waiver nor acquiescence can confer jurisdiction
upon a court otherwise incompetent to try a suit.
 However, it is equally well-settled that the objection as to the local jurisdiction of a court
does not stand on the same footing as an objection to the competence of a court to try a
case.
 Competence of a court to try a case goes to the very root of jurisdiction, and where it is
lacking, it is a case of inherent lack of jurisdiction. On the other hand, an objection as to the
local jurisdiction of a court can be waived.
 If the defendant allows the trial court to proceed to decide the matter without raising an
objection as to the place of suing and takes the chance of a verdict in his favour, he clearly
waives the objection, and will not be subsequently permitted to raise it.
 It is even possible to say that long and continued participation by the defendant in the
proceedings without any protest may, in an appropriate case, amount to a waiver of an
objection.
 OBJECTION TO SUITS
 Objection to Jurisdiction
 Section 21
 Objection as to pecuniary jurisdiction
 Illustration
 A files a suit against B to recover possession of a house. He values his claim in the plaint at
Rs 8000. The suit is filed in court C, which has jurisdiction to try suits of a value up to Rs
10,000. The market value of the house is Rs 12,000, but B does not object to the jurisdiction
of the court. The decree is passed in favour of A. In appellate court, B cannot take the
objection about the pecuniary jurisdiction of court C.
 No objection as to territorial (or pecuniary) jurisdiction can be entertained by executing
court unless (a) such objection has been taken at the earliest possible opportunity; and (b)
there has been a consequent failure of justice.
 No suit would lie to set aside a decree on objection as to territorial (or pecuniary)
jurisdiction of a court.
 TRANSFER OF SUITS
 Section 22
 Ordinarily the plaintiff has the right to choose the place of his choice of the two or more
Courts in which he may properly institute a suit.
 But the defendant may apply in such cases to have the suit transferred from the Court in
which it is filed to another Court which has also the jurisdiction to hear the suit.
 Thus, the defendant has to do after notice to the other party at the earliest
possible opportunity as in all cases where issues are settled at or before such settlement.
 The Court receiving the application may consider the objection the other party, shall
determine in which Court to proceed the same.
 Section 23 – supplements Section 22 - Application for the transfer of a suit would lie
 (1) to the Appellate Court where the several Courts having jurisdiction are under the
same Court of Appeal;
 (2) it would lie to High Court where several Courts are under the same High Court although
under different Appellate Courts,
 (3) it would lie to the High Court within the local limits of whose jurisdiction the Court in
which the suit is brought is situate where such Courts are subordinate to different High
Courts.
 TRANSFER OF SUITS
 Section 24
 This section deals with the general power of a High Court or a District Court to either transfer or
withdraw any suit etc., on the application of any of the parties. The power may be exercised at
any stage of the proceeding and even suo motu by the Court without any application.
 Apart from other provisions there is the general power of transfer and withdrawal vested in the
High Court or the District Court which on the application of any parties and after notice to the
parties, and after hearing such of them as desired to be heard, or of its own motion without such
notice, can:
 (i) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court
subordinate to it and competent to or dispose of the same; or
 (ii) withdraw any suit, appeal or other proceedings pending in any Court subordinate to it, and try or
dispose of the same or transfer the same for trial or disposal to any Court subordinate to it and competent
to try or dispose of the same or re-transfer the same for trial or disposal to the Court from which it was
withdrawn.
 The purpose of Section 24 of the Code is merely to confer on the Court a discretionary power. A
Court acting under Section 24 of the Code may or may not in its judicial discretion transfer a
particular case.
 This section does not prescribe any ground for ordering the transfer of a case. In certain cases, it
may be ordered suo motu and it may be done for administrative reasons. But when an
application is made for transfer by a party, the Court is required to issue notice to the other
side and hear the party before directing transfer.
 TRANSFER OF SUITS
 Section 25
 This Section provides for the transfer to the Supreme Court the existing powers vested with
the State Government and to confer on the Supreme Court such wide powers of transfer as
it has in criminal cases.
 On the application of a party, and after notice to the parties, and after hearing such of them as
desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this
section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be
transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in
any other State.
 On a motion supported by an Affidavit, application is to be made before the SC – The Court to which
transfer is made shall either re-try or proceed from the stage at which it was transferred.
 If an application is found to be frivolous and vexatious, the SC shall order the applicant to pay
compensation to the opposite party as it deems fit subject to the statutory limit.
 Instances
 A suit for injunction was pending in Court at Delhi. It was sought to be transferred to the city
civil Court, Mumbai. The suit was in respect of a flat gifted by the father of petitioner's wife,
alleged to have been filed by respondent husband with a view to harass the petitioner due
to matrimonial disputes. The petitioner wife had to leave that apartment at Delhi and to go
to her apartments at Mumbai. Considering all the facts and circumstances to serve the end
of justice better, suit pending in Court at Delhi was directed to be transferred to the city civil
END OF SESSION