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CPC Sections 21–27: Objections, Suit Transfer & Summons

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CPC Explained: Objections, Transfer & Institution of Suits | DLA Jaipur

⚖️ Civil Procedure Code: Objections, Transfer & Institution of Suits

📌 Topics Covered

  • Objections to jurisdiction
  • Bar on suit
  • Power to transfer suits
  • To what Court application lies
  • General power of transfer and withdrawal
  • Power of Supreme Court to transfer suits
  • Institution of suits
  • Summons to defendants

📚 Supreme Court Judgments Considered

  • Salem Advocates Bar Assn. v. Union of India [2005 SC]
  • Salem Advocates Bar Assn. v. Union of India [2003 SC]

🔹 Objections to Jurisdiction

Section 21(1)

No objection as to 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.

Section 21(2)

No objection as to competence of a Court with reference to pecuniary limits 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.

Section 21(3)

No objection as to competence of executing Court with reference to 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.

🚫 Bar on Suit

Section 21A

No suit shall lie challenging validity of a decree passed in a former suit between the same parties on a ground based on an objection to place of suing.

🔄 Power to Transfer Suits

Section 22

Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to other parties, may at the earliest possible opportunity and in cases where issues are settled at or before such settlement apply to have the suit transferred to another Court. The Court to which such application is made shall determine in which of the several Courts having jurisdiction the suit shall proceed.

Section 23: To What Court Application Lies

  • Subordinate to same Appellate Court → application u/s 22 made to Appellate Court.
  • Subordinate to different Appellate Courts but same High Court → application made to High Court.
  • Subordinate to different High Courts → application made to High Court where Court of suit is situate.

⚡ General Power of Transfer and Withdrawal

Section 24(1) & (2)

High Court or District Court may transfer or withdraw a suit/appeal/other proceeding and either retry it or proceed from the point at which it was transferred/withdrawn, subject to special directions.

🏛️ Power of Supreme Court to Transfer Suits

Section 25(1), (3), (4), (5)

Supreme Court may transfer suits for ends of justice, retry or continue proceedings, order compensation for frivolous applications, and apply the law of original Court to transferred proceedings.

📝 Institution of Suits

Section 26(1) & (2)

Every suit shall be instituted by presentation of plaint or other prescribed manner. Facts must be proved by affidavit.

Affidavit fixes responsibility for truth of pleadings; does not itself constitute evidence for trial. Fresh affidavit required on amendment of pleadings.

📬 Summons to Defendants

Section 27

Where a suit has been duly instituted, summons may be issued to defendant to appear and answer claim. Service must be completed within 30 days from date of institution of suit.

Correct addresses and process fee must be filed to avoid delays. Compliance is ensured if steps are taken within 30 days.

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FAQs on CPC: Objections, Transfer & Institution of Suits | DLA Jaipur

❓ Frequently Asked Questions: CPC – Objections & Transfer of Suits

Section 21 allows objections regarding place of suing, competence of Court, or executing Court to be raised only at the earliest opportunity in the Court of first instance; appellate/revisional courts will not entertain them unless there is a consequent failure of justice.

Under Section 21A, no suit shall lie to challenge a decree passed in a former suit between the same parties on the ground of objection to place of suing.

Section 22 allows a defendant, after notice to other parties, to apply for transfer of a suit instituted in one of multiple competent Courts, at the earliest opportunity or before issues are settled. The Court will determine the proper jurisdiction for the suit.

Per Section 23, if courts are subordinate to the same Appellate Court, application is made there. If subordinate to different Appellate Courts but the same High Court, application is to the High Court. If under different High Courts, application is made to the High Court where the Court of suit is situated.

Every suit must be instituted by presenting a plaint or as prescribed. Facts stated must be proved by affidavit (Section 26(2)), which is not evidence for trial but fixes responsibility for truth in pleadings. Fresh affidavit required on amendment.

Section 27 mandates that summons must be issued within 30 days from institution of suit. Correct addresses and process fee must be filed to ensure timely issuance and compliance.

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