Section 21 CPC – Objections to Jurisdiction
Section 21 CPC – Objections to Jurisdiction
Text of Section 21 CPC:
“Section 21. Objections to Jurisdiction.—
If it appears to the Court which has been moved first that it has no jurisdiction, it shall return the plaint or reject the plaint, as the case may be; and if it appears to that Court that it has jurisdiction, the Court shall proceed with the trial.”
What Does Section 21 CPC Mean?
Jurisdiction refers to the authority of a court to hear and decide a case.
Section 21 deals with the situation where a suit is filed in a court that may or may not have jurisdiction.
If the court where the suit is first instituted finds that it does not have jurisdiction, it must either return or reject the plaint.
If the court finds that it has jurisdiction, it must proceed with the trial and cannot decline jurisdiction on later grounds.
This section underscores the priority of jurisdictional objections at the threshold and promotes judicial economy by avoiding multiplicity of suits.
Key Legal Principles Under Section 21 CPC:
Court first approached decides jurisdiction:
The court where the suit is first filed determines whether it has jurisdiction. Other courts must respect this determination unless jurisdiction is challenged properly.
No later objections allowed after jurisdiction is accepted:
Once the first court assumes jurisdiction and proceeds with the trial, the parties generally cannot raise jurisdictional objections in subsequent proceedings.
If the court has no jurisdiction:
It must either return the plaint (before taking cognizance) or reject the plaint (if the suit is already instituted but the jurisdiction is absent).
Return of plaint vs. Rejection of plaint:
Return of plaint: When the court has not yet taken cognizance of the suit, the plaint is sent back so the plaintiff can file it in the appropriate court.
Rejection of plaint: If the plaint is barred by law or does not disclose a cause of action or lacks jurisdiction, the court may reject it outright.
Encourages forum shopping to be avoided:
Prevents plaintiffs from filing suits in multiple courts hoping for a favorable venue.
When Can Objections to Jurisdiction be Raised?
At the earliest stage: Objections should ideally be raised before the trial begins.
By preliminary applications: A defendant may file a preliminary objection under Order 7 Rule 10 CPC for rejection of plaint on grounds including lack of jurisdiction.
Before framing of issues: Jurisdictional objections are usually considered before framing issues or commencement of evidence.
Once the court assumes jurisdiction and proceeds, later objections become untenable.
Important Case Law on Section 21 CPC and Jurisdictional Objections:
1. Punjab National Bank v. V.R. Traders (2010) 5 SCC 69
The Supreme Court held that once a court first seized of a suit holds that it has jurisdiction, no other court can entertain a second suit on the same cause of action.
This prevents multiplicity of litigation.
It was held that the first court’s decision on jurisdiction is final unless challenged through proper appellate procedure.
2. K.K. Verma v. Union of India, AIR 1953 SC 252
The Court clarified that jurisdictional objections are mandatory to be taken at the outset.
If a court finds it has no jurisdiction, it must return or reject the plaint, preventing unnecessary trial in the wrong forum.
3. Vijay Kumar Jain v. Union of India, AIR 1995 SC 1630
Held that objections to jurisdiction must be taken at the earliest opportunity, failing which they may be waived.
The court stressed the need for judicial discipline in raising jurisdictional objections promptly.
4. Shyam Sunder Goel v. Deputy Commissioner, AIR 1998 SC 2608
The Supreme Court emphasized the difference between territorial and pecuniary jurisdiction and the need to raise objections to both before the trial.
5. M.C. Chockalingam v. P. Krishnamoorthy AIR 1956 SC 620
The Court held that the question of jurisdiction goes to the very root of the power of the court to try the suit, and if jurisdiction is lacking, the suit cannot proceed.
Practical Aspects and Application:
Plaintiff’s Responsibility:
Plaintiffs must file suits in courts that have jurisdiction either territorially or pecuniarily.
Defendant’s Strategy:
Defendants should raise jurisdictional objections immediately—preferably at the stage of filing a written statement or via a preliminary application.
Avoidance of Delays:
Timely raising of jurisdictional objections saves time, costs, and avoids unnecessary trial proceedings.
Multiple Suits:
Section 21 discourages multiple suits on the same cause of action in different courts, preserving judicial resources.
Summary:
Section 21 CPC mandates that the first court approached with a suit must determine its jurisdiction at the earliest stage.
If it lacks jurisdiction, it must return or reject the plaint.
If it has jurisdiction, it must proceed with the case, and other courts cannot interfere.
Jurisdictional objections should be raised promptly and cannot be raised later once the court has assumed jurisdiction.
This principle maintains judicial order, prevents forum shopping, and safeguards litigants’ rights.
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