An Objection with respect to territorial or pecuniary Jurisdiction has to be raised at the first instance and cannot be raised at subsequent proceedings. However, such an issue, if raised, has to be decided before deciding rest of issues arising in a suit.
A Single Bench of Justice Rajesh Sekhri has held that an objection with respect to territorial or pecuniary jurisdiction of a court cannot be entertained after settlement of issues, unless failure of justice is caused. Such an Objection does not go to the root of the case in order to set aside the decree on this cunt alone. The court further differentiated it with an objection that the Court which has been approached by a party, lacks inherent jurisdiction to deal with the subject matter of the dispute. It held that in case of such a circumstance the judgment would be a nullity as against an objection with respect to territorial or pecuniary jurisdiction. The court also held that the trial Court is obliged to decide the issue regarding jurisdiction before rest of the issues in terms of Order XIV Rule 2(ii) CPC.