Civil Procedure Code, 1908, Section 39(4), Order 21,, Rule 3, 54 -- Execution of decree - Property situated outside local limits of jurisdiction of Executing Court - An execution against immoveable property lying outside the jurisdiction of executing court is possible in terms of O.21 R.3 of the Code when particular item of immoveable property, forms one estate or tenure..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Parties by agreement can restrict the jurisdiction to one Court having jurisdiction and in that event, the agreement binds the parties and jurisdiction of other Court stands ousted...........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction - Written statement filed and objection to jurisdiction taken - Issue as to jurisdiction treated as preliminary issue and parties went on trial on said issue - It does not amount to submitting to the jurisdiction of the Court especially when a preliminary objection with regard to the jurisdiction is taken...........
Civil Procedure Code, 1908, Section 16, 20 -- Jurisdiction - S.20 CPC is not applicable when suit comes within purview of S.16 CPC...........
Civil Procedure Code, 1908, Section 16(b), 16(d), 20 -- Territorial jurisdiction - Suit for declaration for declaring oral Will and sale deed null & void and Decree of partition - Property situated in Pataudi (Haryana) - Suit filed in Delhi on the ground that owner of property made oral Will at Delhi - Courts at Delhi have no jurisdiction even if maturity of defendants are..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - At the stage of consideration of the return of plaint Court to read plaint in meaningful manner to find out the real intention behind the suit - Any illusion created by clever drafting of the plaint should be buried then and there - Court can return the plaint if it has no jurisdiction to entertain and try..........
Civil Procedure Code, 1908, Section 9, 15, 16, 17, 18, 19, 20, 21 -- Jurisdiction - Inherent lack of jurisdiction - Decree is one without jurisdiction or void in law - Decree passed by a Court lacking territorial jurisdiction or pecuniary jurisdiction does not automatically become void - It is a voidable decree and can be challenged provided the conditions of S.21 CPC are..........
Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Plea not available when not raised in the Court of first instance and at the earliest opportunity and unless there is consequent failure of justice...........
Civil Procedure Code, 1908, Section 21A -- Provision is applicable to both territorial jurisdiction as well as pecuniary jurisdiction...........
Civil Procedure Code, 1908, Section 9, 15, 16, 17, 18, 19, 20, 21 -- Lack of inherent jurisdiction and objection to territorial jurisdiction and pecuniary jurisdiction - Distinction - Inherent lack of jurisdiction may make a decree passed by that Court one without jurisdiction or void in law - A decree passed by a Court lacking territorial jurisdiction or pecuniary..........
