CPC Section 21 — Objections to jurisdiction

Civil

Summary

An objection about the wrong place (location) where a lawsuit was filed will not be considered by a higher court on appeal or revision unless the objection was raised in the first court at the earliest possible time—usually before or when issues were settled—and unless the mistake actually caused a failure of justice. Similarly, an objection about a court not having the authority to hear a case because of the amount of money involved will not be considered on appeal or revision unless it was raised in the first court at the earliest possible time and caused a failure of justice. An objection about a court not having the authority to enforce a judgment because of its location will not be considered on appeal or revision unless it was raised in the enforcement court at the earliest possible time and caused a failure of justice.

Official Text

(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) 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.