Research › Browse › Judgment

Madras High Court · body

1954 DIGILAW 463 (MAD)

Samikannu Chettiar v. Arumugham Thomban

1954-11-01

MACK

body1954
Judgment The District Munsif in execution wrongly upheld the contention of the judgment-debtor that the decree sought to be executed against him was a nullity as he was not a permanent resident in the jurisdiction of the Panchayat Court of Vellayankuppam, which passed it. He took no objection to jurisdiction at the time the suit was heard and in fact submitted to it. No appearance has been made on his behalf on this petition perhaps for the obvious reason that there is really no answer to this revision petition. This is a case clearly covered by section 21 of the Civil Procedure Code according to which “no objection as to the place of suing shall be allowed by any appellate or revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity....... and unless there has been a consequent failure of justice.” A fortiori it follows that it is not open to an execution Court to allow any such objection. In Zamindar of Ettayapuram v. Chidambaram Chetty1, a Full Bench of this Court clearly held that the provisions of section 21, Civil Procedure Code, apply to objections regarding want of territorial jurisdiction and that such an objection, not taken as provided by the section, must be considered cured for all purposes, and cannot be allowed in execution proceedings. The petition is allowed with costs and execution will proceed in the District Munsif’s Court. K.C. ----- Petition allowed.