CPC Case Brief – Subhash Mahadevasa Habib v. Nemasa Ambasa Dharmadas (Lack of Inherent Jurisdiction)

Spread the love

You can grab notes on other topics of CPC here.

The Code of Civil Procedure has made a distinction between lack of inherent jurisdiction and objection to territorial jurisdiction and pecuniary jurisdiction. Whereas, an inherent lack of jurisdiction may make a decree passed by that court one without jurisdiction or void in law, a decree passed by a court lacking territorial jurisdiction or pecuniary jurisdiction does not automatically become void. At best it is voidable in the sense that it could be challenged in appeal therefrom provided the conditions of Section 21 of the Code of Civil Procedure are satisfied. It may be noted that Section 21 provided that no objection as to place the suing can be allowed by even an appellate or revisional court unless such objection was taken in the court of first instance at the earliest possible opportunity and unless there has been a consequent failure of justice.

You can grab notes on other topics of CPC here.

 


Spread the love

Leave a Reply

Your email address will not be published. Required fields are marked *