Code of Civil Procedure, 1908 | S. 21

S. 21. Objections to jurisdiction—
(1) No objection as to the place of suing shall be allowed by any appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues or settled at or before such settlement, and unless there has been a consequent failure of justice.

(2) No objection as to the competence of a Court with reference to the pecuniary limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity, and in all cases where issues are settled, at or before such settlement, and unless there has been a consequent failure of justice.

(3) No objection as to the competence of the executing Court with reference to the local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the executing Court at the earliest possible opportunity, and unless there has been a consequent failure of justice.

NOTES:
* Hire purchase agreement entered into between parties conferring jurisdiction in court at place B – parties waived their right their right and submitted jurisidiction of court at S by filing compromise with the Plaintiff and after passing decree raising objection – cannot be permitted to approbate and reporabte at the same time – fidings of the court compromise does not confer jurisdiction to the trial court at S – is without jurisdiction and liable to be set aside.
AIR 2004 All. 24 (NOC)