CS Professional · Drafting, Pleadings and Appearances · Pleadings

Sundaram Foods Ltd lost a suit at the trial court in Chennai. In the first appeal it argues that the trial court lacked territorial jurisdiction (place of suing). It never raised this objection before the trial court, and issues were settled without it. Under the Code of Civil Procedure, 1908, how will the appellate court treat this objection?

The objection will not be allowed. Under section 21(1), an objection to place of suing cannot be entertained on appeal unless it was raised in the first court at the earliest opportunity and at or before settlement of issues, and unless failure of justice resulted. It was never raised.

1. AAllow it, because jurisdiction objections can be raised at any stage
2. BNot allow it, since it was not taken in the court of first instance at the earliest opportunity and at or before settlement of issues, and in any case a consequent failure of justice is also requiredCorrect
3. CAllow it if the appellate court is of a higher pecuniary grade
4. DAllow it only if the respondent consents