...appellate courts decided in favour of the appellant. But on revision, the High Court held that the objection as to territorial jurisdiction was waived by the appellant. In the appeal to this Court, ...to the territorial jurisdiction of the trial court. [464 D-E] A defendant may waive the objection as to..., the Cochin Court tried the preliminary issue as to jurisdiction. The Cochin Court held that it had no territorial jurisdiction to try the suit, and directed the return of the plaint for presentation to the proper Court. A...

...no jurisdiction to entertain, the suit as no part of the cause of action ever arose within the territorial jurisdiction of that Court, and that, therefore, all the proceedings following thereupon were wholly without ...lack of jurisdiction in the sense that the Bombay High Court was incompetent to try a suit of that kind. The objection to its territorial jurisdiction is one which does not go to the competence of the...would be deemed to have waived his objection to the territorial jurisdiction of the court, raised by him in his written statement. It is well settled that the objection as to local jurisdiction of a...

...which had no territorial jurisdiction to entertain the partition suit could have been raised under Section 47 of the CPC. The High Court held thus: "The executing court fell in serious error in l...no territorial jurisdiction to entertain Partition Suit No.154 of 1985." The application raising the objection was hence restored to the file of the executing court for...appearing on behalf of the appellant submitted that an objection to territorial jurisdiction does not relate to the inherent jurisdiction of the civil court. Such an objection has to be addressed...

...order of injunction. In my opinion, appreciation of the prima facie case included prima facie appreciation of the territorial jurisdiction objection as well as the merits of the matter. Above all the.... 3, at the outset submitted that this application was made to humiliate his client. He took the point of territorial jurisdiction saying that it was a suit for land and this Court should not pass any...was all the work being carried out.3. First, I will deal with the point of jurisdiction. This point of territorial jurisdiction has been taken by the said defendant in the written...

...Court had no territorial jurisdiction to hear the application and that the matter should have been agitated in the Court of Munsiff at Parappanangadi. The objection was overruled by the Manjeri Court...Parappanangadi Court that had the territorial jurisdiction to entertain the application praying for final decree and that the assumption of such jurisdiction by the Manjeri Court was not justified. The objection be...in the suit was situated, came under the territorial jurisdiction of the Munsiff's Court at Manjeri and it was in that Court that the plaintiff filed, on January 18, 1966 an application (IA No. 109...

...territorial jurisdiction objection. Accordingly, it was stated that all the payments were received by the plaintiff from the defendant at NOIDA in the hospital of the defendant at NOIDA and, therefore...does not have territorial jurisdiction to entertain the same.2. Before the question of territorial jurisdiction is examined, it would be necessary to set out the nature of the suit and...averments contained in the plaint, it is submitted on behalf of the learned Counsel for the plaintiff that this Court would have territorial jurisdiction to entertain this suit.4. On the other...

..., the Supreme Court held that if the decree was on the face of record without jurisdiction and question did not relate to territorial jurisdiction, objection to jurisdiction of the Court to make decree...situate; that Section 21(2) CPC provides that no objection as to competence of a court with reference to pecuniary limits of jurisdiction shall be allowed by any appellate or revisional court unless...may be raised. Where it is necessary to investigate facts so as to determine whether the Court which had passed decree had no jurisdiction to entertain and try the suit, the objection cannot be raised...

...Court on the only ground of lack of territorial jurisdiction of the Tribunal. The objection of the respondent was that the accident took place at Hoogly and the claimant resided at Hoogly. The office of...(CPC). Having regard to Section 21 CPC, objection of lack of territorial jurisdiction could not be entertained in the absence of any prejudice. Distinction was required to be drawn between a.... … ‘17. … “7. … With reference to objections relating to territorial jurisdiction, Section 21 of the Civil Procedure Code enacts that no objection to the place of suing should be allowed by a...

...of the record without jurisdiction and the question does not relate to the territorial jurisdiction or under Section 11 of the Suits Valuation Act, objection to the jurisdiction of the Court to make...was instituted by Modi in the Court of Small Causes. No objection was raised that the Court had no jurisdiction to entertain the suit. The objection was not raised even in appeal, nor before the High.... Again, when the decree is made by a court which has no inherent jurisdiction to make objection as to its validity may be raised in an execution proceeding if the objection appears on the face of the...

...territorial jurisdiction but from the perusal of impugned order it is apparent that the objection regarding territorial jurisdiction has not been raised by the petitioners before...impugned order. Since learned trial Court has not considered the question of territorial jurisdiction, therefore, this petition is disposed of with the direction to the petitioners to approach the trial Cou...to territorial jurisdiction by filing an application and it is for the trial Court to decide the application before proceeding further in the matter. (Anil Sharma) Judge Anil* ...

...been raised before the Family Court regarding the territorial jurisdiction. Since no objection regarding territorial jurisdiction was raised by petitioners before the Family Court, therefore, they...was before the Court, was regarding want of jurisdiction by Court and not of territorial jurisdiction, which is only lack of jurisdiction or irregular exercise of jurisdiction. Territorial ...does not have territorial jurisdiction to pass such an order. As per Section 9 of Guardian and Wards Act, 1890, application is to be filed in District Court having jurisdiction in the place where minor...

...territorial jurisdiction objection raised by the Respondents by contending that part of the cause of action arose in Delhi. It is argued that the petitioner made payments to the respondents from Delhi, which...petition on the grounds of maintainability and states that this Court does not 2 have the territorial jurisdiction to...territorial jurisdiction will lie where the respondent actually or voluntarily resides or carries on business, or where any part of cause of action has arisen. In support of his submission, learned counsel...

...- defendant has appeared before the Trial Court and has raised objection about the territorial jurisdiction of Safidon (Jind) Court on the ground minor is residing at Village Bahu Jamalpur, District Rohtak, hence, Court at ...territorial jurisdiction, suit was ultimately decreed in favour of the plaintiff-respondent herein. Thereafter, respondent - decree holder moved execution which was registered at Execution No. 24 of 2006. In the execution, once agai...territorial jurisdiction of the Court at Safidon, District Jind. Learned Executing Court has rejected the objection raised by the judgment debtor - petitioner...

...accordance with it.With reference to objections relating to territorial jurisdiction, Section 21 of the Civil Procedure Code enacts that no objection to the...Act” for the sake of brevity) in regard to territorial jurisdiction of a tribunal is the question involved herein. The said question arises in the following factual matrix.... One of the questions which, only the first respondent raised and no other, was lack of territorial jurisdiction on the part of the Tribunal.7. The learned Tribunal, inter...

...incorrect averment just to make out a case for the maintainability of the suit qua the territorial jurisdiction objection. Accordingly, it was stated that all the payments were received by the plaintiff...for return of the plaint on the ground that this Court does not have territorial jurisdiction to entertain the same. 2. Before the question of territorial jurisdiction is examined...territorial jurisdiction to entertain this suit. 3. On the other hand, the learned Counsel for the defendant submitted that the contents of paragraph 17 of the plaint are vague. The...

...the mortgaged property.3. The applicant raised a preliminary objection challenging the territorial jurisdiction of the Court.4. The said objection remained pending. In the....5. The only point raised by the Counsel for the applicant is that so long as the objection regarding territorial jurisdiction is not disposed of, the Court has no jurisdiction to decide the...territorial jurisdiction can be decided even now. If the Court comes to the conclusion that the Court has no jurisdiction, it will return the plaint for presentation before the appropriate Court...

...Insurance Company and in reply filed on 20.12.2005 no objection about lack of territorial jurisdiction was raised nor it was contended that appellant...tribunal committed serious error of fact in holding that appellant is not residing at Bhilwara and further committed error of law by allowing the objection on the ground of territorial jurisdiction after...of the claim by the claimant on 29th Sept., 2004, filing of reply by the respondent Insurance Company on 20.12.2005 and further there was no objection of the respondent about territorial jurisdiction of the tribunal in the ...

...(1994) 4 SCC 711)“6. Therefore, in determining the objection of lack of territorial jurisdiction the court must take all the facts pleaded in...opinion, the writ petition ought not to have been dismissed for want of territorial jurisdiction. As noticed above, at the time when the writ petition was heard for the purpose of grant of interim relief, the respondents instead of ...the appellant's writ petition for want of territorial jurisdiction, this appeal by special leave has been preferred by the appellant, who in November 1988 had joined the off-shore Department of the...

...die. Petitioner has filed this application seeking transfer of the case in anticipation of a possible objection regarding the territorial jurisdiction which may be taken by the respondent in terms of...jurisdiction as the policy had been taken in Mumbai and the claim was repudiated in Mumbai. He further states that the respondent shall not raise objection regarding territorial jurisdiction. In...territorial jurisdiction of the Maharashtra State Commission, counsel...