Objections to jurisdiction
Section 21 of the Code of Civil Procedure, 1908 deals with objections to jurisdiction. ] 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 in all cases where issues are settled at or before such settlement, and unless there has been a conseq The Act came into force on 01 Jan 1909.
1[(1)] 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 in all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of justice.
2[(2) No objection as to the competence of a Court with reference to the pecuniary limits of its jurisdiction 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, in all cases where issues are settled, at or before such settlement, and unless there has been a consequent failure of justice.
(3) No objection as to the competence of the executing Court with reference to the local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the executing Court at the earliest possible opportunity, and unless there has been a consequent failure of justice.]
Section 21, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Hasham Abbas Sayyad v. Usman Abbas Sayyad
Court's Decision & Legal Precedent
Judgment of Main Case order-3.pdf 2006-12-12 DATE VERIFIED. CA 5721/2006. Sinha/Katju. A preliminary decree under CPC 2(2) is not executable; a final decree must be passed before auction/sale. Objections to territorial or pecuniary jurisdiction under s.21 are waivable; want of subject-matter jurisdiction is a nullity. Do not remap CPC 47 (already filled).
On this section: Objections to territorial or pecuniary jurisdiction under s.21 are waivable; want of subject-matter jurisdiction is a nullity (Hasham Abbas).
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Kaushik Chaterjee vs State of Haryana
Court's Decision & Legal Precedent
The question of territorial jurisdiction in criminal proceedings is a question of fact that must be established through evidence and cannot be decided at the transfer petition stage. The trial court, not the Supreme Court, is the appropriate forum to decide jurisdictional issues after evidence is led on the place of commission of the offence and other relevant factors enumerated in Sections 177 to 184 of the Code of Criminal Procedure. Therefore, transfer petitions seeking transfer on the ground of lack of territorial jurisdiction must be dismissed, leaving it open to the parties to raise and have the trial court decide the jurisdictional issue during the trial.
On this section: Court noted that the stage at which an objection to territorial jurisdiction can be raised in civil proceedings is regulated by Section 21 of CPC, but there is no provision in the Criminal Procedure Code akin to Section 21.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… (i) The first is that the stage at which an objection as to jurisdiction, territorial or pecuniary, can be raised, is regulated in civil proceedings by Section 21 of the Code of Civil Procedure, 1908. There is no provision in the Criminal Procedure Code akin to Section 21 of the Code of Civil Procedure. (ii) The second is that in civil proceedings, a plaint can be returned, under Order VII, Rule 10, CPC, to be presented to the proper court, at any stage of the …
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… National Insurance Company Limited" reported in (2016) 3 SCC 43 wherein it is held in para 12 and 16 as follows: "12.. ... It was held that the jurisdiction of the Tribunal was wider than the civil Court. The Tribunal could follow the provisions of the Code of Civil Procedure(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 jurisdiction with regard to subject matter on the one hand that of territorial and pecuniary jurisdiction on the other. A judgment may be nullity in the former …
Questions about Section 21
What have the courts held on Section 21 of the Code of Civil Procedure?
Hasham Abbas Sayyad v. Usman Abbas Sayyad (12 Dec 2006) is the leading judgment on this section among those set out below: Objections to territorial or pecuniary jurisdiction under s.21 are waivable; want of subject-matter jurisdiction is a nullity (Hasham Abbas). Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2006 to 2020.
How do I find court cases under Section 21 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 21, section 21 CPC, section 21 of the Code of Civil Procedure. People searching for it also type cpc 21 rule 11 and cpc 21 order. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Hasham Abbas Sayyad v. Usman Abbas Sayyad (12 Dec 2006).
When did Section 21 of the Code of Civil Procedure come into force?
Section 21 of the Code of Civil Procedure, cited as CPC 21, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.