PYARE LAL Vs. CHUNI LAL & COMPANY

JUDGEMENT

(1.) This second appeal is directed against the order of Additional District Judge, Ambala, dated December 11, 1975, whereby the judgment and decree of the trial Court has been set aside and the plaint ordered to be returned for presentation to the Court of proper jurisdiction in the matter.

(2.) The objection regarding jurisdiction can be entertained in the appellate Court only if the two conditions are satisfied under Section 21 of the Code of Civil Procedure, namely, that 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 that there has been a consequent failure of justice. The objection had been taken in the written statement prior to the framing of the issues but so far as the other condition is concerned, the Additional District Judge accepted the argument of the defendants that if the trial had taken place at Karnal they would have been able to conduct their case in a much better way. The reason given by the defendants was hardly sufficient to satisfy the condition of failure of justice. The averment made was wholly vague and it was not disclosed as to in what manner they had been handicapped in conducting the defence at Jagadhri. The lower Appellate Court, therefore, acted illegally in accepting the bare averment of the defendants that they would have conducted their case in a better way if the trial had taken place at Karnal.

(3.) Consequently, the impugned judgment is set aside and the case is remanded to the lower Appellate Court for decision on merits. The parties, through their counsel have been directed to appear in the lower Appellate Court on October 9, 1978. No costs.