Update: 19/10/2018

DOD: 12/10/2018

Civil Procedure Code, 1908 Section 21 – No objection to the competence of court to decide the case was taken by any of the parties - Section 21 is statutory recognition of the legislative policy which cannot be ignored or given a go­by by the litigants who challenges an unfavourable decision - Section 21 has been enacted to thwart any such objection by unsuccessful party who did not raise any objection regarding competence of court and allowed the matter to be heard on merits.(2018)2 SC e@Journal 1524

 

 

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Civil Procedure Code, 1908 Section 21 – No objection to the competence of court to decide the case was taken by any of the parties - By the amendment in the Provincial Small Cause Courts Act, 1887 the limit of pecuniary jurisdiction of small causes court was increased from Rs.25,000/­ to Rs.1 Lakh - Judge, Small Causes Court in the State of U.P. is senior­most Civil Judge, working in the district -  Although the Court of Small Causes was empowered to take cognizance of a suit upto the valuation of Rs.1 lakh w.e.f. 07.12.2015, the suit in question which was pending in the Court of Additional District Judge, Firozabad continued to proceed in the court of Additional District Judge -   No objection having been taken to the pecuniary jurisdiction of the Additional District Judge, Section 21 of the Civil Procedure Code comes into play -  Sub­section (2) of Section 21 provides that no objection as to the competence of the Court with reference to the pecuniary  limits of the jurisdiction shall be allowed by any Appellate or Revisional Court unless conditions mentioned therein are fulfilled - No objection having been raised by respondent tenant regarding competence of the Court - Sub­section (2) precludes the revisionist to raise any objection regarding competence of the court and further revisional court ought not to have allowed such objection regarding competence of Court of Additional District Judge to decide the suit - Section 21 has been enacted to thwart any such objection by unsuccessful party who did not raise any objection regarding competence of court and allowed the matter to be heard on merits - Further, in deciding the small cause suit by Additional District Judge, the  tenant has not proved that there has been a consequent failure of justice - Section 21 is statutory recognition of the legislative policy which cannot be ignored or given a go­by by the litigants who challenges an unfavourable decision. (2018)2 SC e@Journal 1524