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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Civil Procedure

A suit about immovable property was decided by a court whose territorial jurisdiction over the property was doubtful. No statement about uncertainty was recorded at the trial. On appeal, the defendant objects that the court lacked jurisdiction where the property is situate. When will the Appellate Court allow the objection?

The objection is allowed only if, when the suit was instituted, there was no reasonable ground for uncertainty about the court's jurisdiction and a failure of justice has consequently resulted. Both conditions are required; otherwise the Appellate or Revisional Court must not allow the objection.

  1. AAlways, because the property was outside the court's limits
  2. BOnly if there was no reasonable ground for uncertainty at institution and a consequent failure of justice occurredCorrect
  3. COnly if the plaintiff consents to the objection
  4. DNever, because appellate courts cannot examine territorial jurisdiction

Explanation

Under Section 18(2), where no statement was recorded, the Appellate or Revisional Court will not allow the objection unless, at institution, there was no reasonable ground for uncertainty and there has been a consequent failure of justice. Both conditions must be met, so allowing it always is wrong.

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