NDLI: Sneh Lata Goel Vs. Pushplata & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	territorial jurisdiction ss.21 and 47 execution of the final decree Partition suit CPC
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Civil Procedure, 1908 – ss.21 and 47 – Partition suit was instituted – Final decree was passed confirming the preliminary decree – Further, supplementary final decree was also passed – Appellant filed proceedings for execution of the final decree – First respondent filed objection u/s.47, CPC contending that the decrees passed were without jurisdiction and therefore, a nullity – Dismissed by Executing Court – Challenged by first respondent u/Art. 227 of the Constitution – High Court held that the Executing Court was in error in holding that it lacked jurisdiction to entertain the objection as to the validity of the decree on ground of alleged absence of territorial jurisdiction – Application raising the objection was restored to the file of the executing court for disposal – Held: Objection to the want of territorial jurisdiction does not travel to the root of or to the inherent lack of jurisdiction of a civil court to entertain the suit – It has to be raised before the court of first instance at the earliest opportunity, and in all cases where issues are settled, on or before such settlement – Moreover, it is only where there is consequent failure of justice that an objection as to the place of suing can be entertained – Both these conditions have to be satisfied u/s.21, CPC – In the present case, the objection which was raised in execution was an objection to territorial jurisdiction which does not travel to the root of or to the inherent lack of jurisdiction of a civil court to entertain the suit – Such an objection would not lie before the executing court – Executing court cannot go behind the decree and must execute the decree as it stands – Executing court correctly declined to entertain the objection to the execution of the decree on the ground of a want of territorial jurisdiction on the part of the court which passed the decree – High Court was in error in holding that it was within the jurisdiction of the executing court to decide whether the decree in the suit for partition was passed in the absence of territorial jurisdiction – Judgment of the High Court set aside – Constitution of India – Art.227.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 22
Petitioner	Sneh Lata Goel
Respondent	Pushplata & Ors.
SCR	[2019] 1 S.C.R. 463
Judgement Date	2019-01-07
Case Number	116

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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