(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.
Legal Commentary & Landmark Judgments: Section 21
Section 21 of the Code of Civil Procedure, 1908 regulates objections to territorial and pecuniary jurisdiction, establishing that no objection shall be allowed in appeal or revision unless raised at the earliest opportunity and supported by proof of failure of justice.
Section 21 establishes that territorial and pecuniary defects do not render a decree a nullity. While subject-matter jurisdiction goes to the root of authority and can never be waived, territorial and pecuniary objections are procedural privileges that are waived if not raised before settlement of issues, and cannot be entertained in appeal without establishing demonstrable prejudice or miscarriage of justice.
A defendant who participates in trial without pressing a preliminary issue on territorial or pecuniary jurisdiction cannot resurrect that objection after suffering an adverse decree. An appellate court will reject jurisdictional appeals under Section 21 unless the appellant proves actual substantive prejudice on merits.