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Question

Which of the following is true about the powers of appellate and revisional courts as to objection to jurisdiction-

A appellate court does not have the power to entertain objections as to jurisdiction. Correct Answer Incorrect Answer
B appellate as well as revisional court does not have power to entertain objections as to jurisdiction. Correct Answer Incorrect Answer
C both appellate as well as revisional court have power to entertain objections as to jurisdiction. Correct Answer Incorrect Answer
D both appellate as well as revisional court have power to entertain objections as to jurisdiction provided that the objections were taken up before the court of first instance. Correct Answer Incorrect Answer

Solution

As per s. 21. Objections to jurisdiction. —   (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.

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