Section 21 of cpc for "raising objection on court lacking inherent jurisdiction"
Divya
(Querist) 24 February 2014
This query is : Resolved
Respected Experts,
Section 21 of CPC is used normally for raising objections on pecuniary & territorial jurisdiction issues...
Can I INVOKE Section 21 of CPC, 1908 & CPC amendment Act to file an OBJECTION PETITION u/s 21 of CPC for Court lacking Inherent jurisdiction in taking up the matter.
Please advise
Thankyou
Devajyoti Barman
(Expert) 24 February 2014
I am not sure what is actual ground.
You can better ask for rejection of plaint.
Divya
(Querist) 25 February 2014
Respected Sir/s
It is a case whr I am seeking to dismiss a decree under Arbitration Act 1996...
Should i invoke Section 21 CPC or use ORDER 7 RULE 11 to reject decree or use both...
This decree is violating sections 34 & 36 of Act 1996 whr decree is fraudulently filed before executing court whreas award copy not given to the debtor till date...As per courts, if award copy is not served it becomes a jurisdiction issue for courts executing such arbitration awards. and this jurisdiction is termed as 'inherent jurisdiction'
Hence i had put the query whether decree be rejected under order 7 rule 11 for lack of jurisdiction & against arbtrn act or should i use Section 21 cpc only for raising jurisdiction issue or use both
I would request u to kindly throw a light if possible on the issue herein.
Thankyou
Rahul Gupta
(Expert) 26 February 2014
Order 7 Rule 11 is only for the Rejection of a Plaint in an original suit. The said provision cannot be applied in Execution proceedings which are governed by part 2 of the CPC and Order 21. In your case objection to the executability of a decree can be raised u/s 47 and Order 21 Rule 101 of the CPC.
