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CS Professional · Drafting, Pleadings and Appearances · Pleadings

Kapoor Textiles sued Verma Mills in a Pune civil court. Verma Mills raised no objection to the court's place of suing before issues were settled, and lost. In appeal it argues for the first time that the suit should have been filed elsewhere. Under Section 21 of the Code of Civil Procedure, 1908, what is the position?

The objection will not be allowed. Section 21 permits an appellate court to entertain a place-of-suing objection only if it was raised in the first court at the earliest opportunity and before issues were settled, and a failure of justice resulted. Verma Mills raised none.

  1. AThe objection will not be allowed by the appellate court unless it was taken at the earliest opportunity in the first court, before issues were settled, and there was a consequent failure of justiceCorrect
  2. BThe appellate court must allow it as a matter of right
  3. CIt is allowed if the appeal was filed within limitation
  4. DIt is allowed only if the respondent consents

Explanation

Section 21(1) bars an appellate or revisional court from allowing a place-of-suing objection unless it was taken in the court of first instance at the earliest possible opportunity, and before issues were settled, and unless there was a consequent failure of justice. Verma Mills did not take it, so it cannot succeed.

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