LI Network
Published on: December 06, 2023 at 12:34 IST
The Jammu and Kashmir and Ladakh High Court have clarified that objections related to territorial or pecuniary jurisdiction, if not raised at the appropriate time, cannot be subsequently introduced in proceedings.
In a recent case, Justice Rajesh Sekhri emphasized that a decree rendered without timely jurisdictional objections is not deemed null and void, as challenges to territorial or pecuniary jurisdiction are not considered foundational to the core jurisdiction of the court.
The case originated from a civil suit where M/s K.C. Hotels sought recovery from M/s Oikos India Pvt. Ltd. The defendant challenged the court’s jurisdiction, arguing that the hotel in question was in Katra, falling under a different jurisdiction.
The trial court decreed in favor of the plaintiff in the defendant’s absence. During execution proceedings, the defendant raised jurisdictional objections, which were dismissed by the executing court.
Justice Sekhri observed that objections related to territorial or pecuniary jurisdiction, if not raised in a timely manner, cannot be entertained later in subsequent proceedings.
The court highlighted that such objections do not strike at the fundamental jurisdiction of the court and, therefore, do not invalidate a decree.
The court noted that objections to place or competence should be raised at the earliest opportunity, and unless there is a consequent failure of justice, they cannot be entertained later.
The bench found no perversity in the order of the executing court and dismissed the plea, stating that the judgment and decree had attained finality.
Case Title: M/s Oikos India Pvt. Ltd Vs M/s K.C. Hotels Pvt. Ltd.
