SAU SEEMA VILAS PATIL Vs. APPASO BALU LATTHE

JUDGEMENT

(1.) HEARD both the counsels.

(2.) THE applicant and respondent No. 2 are judgment debtors in Special Darkhast No.12 of 2007 pending in the Court of Civil Judge, Senior Division, Ichalkaranji for execution of decree in Special Civil Suit No.121 of 2004. By the said decree, the judgment debtors have been directed to pay a sum of Rs.5,00,000/- with interest at the rate of 6% per annum to the decree holder. On 6th October, 2007, the applicant filed an application under Section 47 of The Code of Civil Procedure for a declaration that the decree is nullity as it is passed by a Court having no territorial jurisdiction. This application came to be rejected by the order dated 27th February, 2008, impugned in the present Civil Revision Application.

(3.) THE provisions as regards the objections to jurisdiction are contained in Section 21 of Civil Procedure Code. The part of Section 21 relevant for the present purposes reads as follows: