Return of Plaint -- Territorial Jurisdiction -- Waiver of objection at first instance precludes subsequent return of plaint
(i) Civil Procedure Code, 1908, O.7 R.10 -- Return of Plaint -- Territorial Jurisdiction -- Confined to Pleadings -- While considering an application for return of plaint on the ground of lack of territorial jurisdiction, the court must confine itself strictly to the averments and pleadings in the plaint alone -- The expression "at any stage of suit" in O.7 R.10 means that such application may be entertained even after trial has commenced and concluded, but before judgment is delivered. (ii) Civil Procedure Code, 1908, O.7 R.10 and S.21 -- Return of Plaint -- Territorial Jurisdiction -- Waiver of Objection -- Where no objection as to territorial jurisdiction is raised at the first instance, including at the stage of framing of issues, such objection shall be deemed to have been waived -- Neither consent of parties nor waiver can cure a defect arising out of inherent lack of jurisdiction -- Consent cannot operate to confer jurisdiction upon a court that otherwise has no competence to try the suit -- Independently of S.21 CPC, a defendant who waives objection as to territorial jurisdiction is precluded from raising such objection at a later stage.
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