Case Note & Summary
The appellant, Miss Mridula Nikhar, filed a suit for recovery and possession of movable assets based on an agreement with the respondent, Shah Nature and Health Project Pvt. Ltd. The suit was filed before the Civil Judge Junior Division, Canacona, as the movable assets were located in a structure at Canacona. The respondent opposed the suit, raising an objection that the court lacked territorial jurisdiction, claiming the suit should have been filed in Panjim. The trial court decreed the suit in favor of the appellant, holding that Canacona Court had jurisdiction. The respondent appealed to the District Judge, South Goa at Margao, who allowed the appeal and set aside the trial court's decree solely on the ground of lack of territorial jurisdiction. The appellant then filed a second appeal before the Bombay High Court at Goa. The High Court admitted the appeal on the substantial question of law whether the Lower Appellate Court was justified in concluding that the suit lacked territorial jurisdiction under Section 21 of the Code of Civil Procedure, 1908. The High Court observed that the Lower Appellate Court did not consider whether the respondent had waived the objection by not raising it at the earliest opportunity or whether there was any failure of justice. The High Court set aside the Lower Appellate Court's order and remanded the matter for fresh consideration, directing the appellate court to decide the appeal afresh after giving both parties an opportunity to be heard, specifically on the applicability of Section 21 CPC.
Headnote
A) Civil Procedure - Territorial Jurisdiction - Section 21 CPC - Waiver of Objection - The Lower Appellate Court reversed the trial court's decree on the ground of lack of territorial jurisdiction without considering whether the respondent had waived the objection under Section 21 CPC. The High Court held that the appellate court must examine if the objection was taken at the earliest opportunity and if there was any consequent failure of justice. The matter was remanded for fresh consideration on this aspect. (Paras 2, 8-10)
Issue of Consideration
Whether the Lower Appellate Court was justified to come to the conclusion that the suit filed by the appellant had no territorial jurisdiction in terms of Section 21 of the Civil Procedure Code.
Final Decision
The High Court allowed the second appeal, set aside the impugned order of the Lower Appellate Court dated 7/09/2012, and remanded the matter to the Lower Appellate Court for fresh consideration. The Lower Appellate Court was directed to decide the appeal afresh after giving both parties an opportunity to be heard, specifically on the applicability of Section 21 of the Code of Civil Procedure, 1908.
Law Points
- Territorial jurisdiction
- Section 21 CPC
- waiver of objection
- substantial question of law
- second appeal
