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Criminal Procedure Code QUESTION #9470
Question 1
Plaintiff A files a suit for recovery of Rs. 500,000 against Defendant B in a Civil Court whose pecuniary jurisdiction is capped at Rs. 300,000. B appears and contests the suit on merits for two years without raising any objection to jurisdiction. The Court ultimately decrees the suit in favour of A. On appeal, B for the first time raises the pecuniary jurisdiction objection. How should the appellate Court treat this objection?
  • Allow the objection since jurisdiction cannot be conferred by consent of parties
  • Dismiss the objection because it was not raised in the Court of first instance at the earliest opportunity and no failure of justice resulted✔️
  • Remand the matter to the trial Court to determine the jurisdictional question afresh
  • Allow the objection since pecuniary jurisdiction is a fundamental matter that cannot be waived
Correct Answer Explanation
Under Section 21 CPC, no objection as to the place of suing (including pecuniary jurisdiction) shall be allowed by any appellate or revisional Court unless the objection was taken in the Court of first instance at the earliest possible opportunity, and there has been a consequent failure of justice. B's two-year silence without raising the objection defeats the plea entirely.