Chokkalingam Chettiar vs Kurunthappan Chettiar and Others

Objection is taken to the dismissal of plaintiff''s suit on the ground that the Subordinate Judge, having found that the Sattur District Munsif had no

jurisdiction, was bound to return the plaint to be presented in the proper Court and had no power to decide the case on the merits. Section 21 of

the Code of Civil Procedure, however, says that 110 Appellate Court shall allow an objection to the place of suing to be taken unless it was taken

before the settlement of issues and unless there has been a consequent failure of justice. These conditions were not present, and so the Subordinate

Judge should not have allowed the objection to be taken. We must, therefore, set aside his finding as to jurisdiction and on the finding as to

consideration the second appeal fails. As respondents Nos. 1 to 3 took the objection as to jurisdiction in the lower Appellate Court we disallow

their costs here. Second and 6th defendants not having appealed against the decree to the lower Appellate Court and here and not pleaded want

of consideration, we are not prepared to interfere on their behalf. The second appeal is dismissed.