Saturday, 29 December 2018

Whether objection as to pecuniary jurisdiction of court can be taken at appellate stage?

 In the light of the above, it is clear
that no objection to the pecuniary
jurisdiction of the court which tried OS No.
61 of 1971 could be raised successfully even
in an appeal against that very decree unless
it had been raised at the earliest
opportunity and a failure of justice or
prejudice was shown. Obviously therefore, it
could not be collaterally challenged. That
too not by the plaintiffs therein, but by a
defendant whose alienation was unsuccessfully
challenged by the plaintiffs in that suit.”
56. Now, reverting back to facts of this case it is
apparent from the judgment dated 22.10.2016 of
Additional District Judge, that no objection to the
competence of Additional District Judge to decide the
case was taken by any of the parties. 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. The
respondent tenant did not raise any objection regarding
competence of the Court and took a chance to obtain
judgments in his favour on merits, he cannot be allowed
to turnround
and contend that the court of Additional
District Judge had no jurisdiction to try the Small
Cause Suit and the judgment is without jurisdiction and
nullity. 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.
57. The High Court in the impugned judgment has not
adverted to Section 21 of the Code of Civil Procedure.
In judgment of Shobhit Nigam(Supra) also, affect of
Section 21 was neither considered nor raised. Section 21
contains a legislative policy which policy has an object
and purpose. The object is also to avoid retrial of
cases on merit on basis of technical objections.

62. We thus hold that even when the court of Additional
District Judge was not competent to decide the Small
Causes Suit in question on the ground that the pecuniary
jurisdiction is vested in Court of Small Causes i.e.
Civil Judge, Senior Division w.e.f. 07.12.2015, no
interference was called in the judgment of Additional
District Judge in the exercise of Revisional
Jurisdiction by High Court in view of the provisions of
Section 21 of Civil Procedure Code.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.90519052
OF 2018

OM PRAKASH AGARWAL SINCE DECEASED
THR. LRS.  Vs  VISHAN DAYAL RAJPOOT & ANR. 

Dated:October 12,2018.

ASHOK BHUSHAN, J.
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