For an objection to the place of suing to be allowed in appeal or revision under CPC section 21(1),…
Section 21(1) requires the territorial objection to be taken in the court of first instance "At the earliest possible opportunity and, where issues are settled, at or before…
Choose your answer
For an objection to the place of suing to be allowed in appeal or revision under CPC section 21(1), when must it have been raised in the trial court?
Answer and explanation
Correct answer A
Section 21(1) requires the territorial objection to be taken in the court of first instance "At the earliest possible opportunity and, where issues are settled, at or before their settlement", and appellate or revisional interference also requires a consequent failure of justice. This rule should not be expanded into an identical waiver rule for every kind of subject-matter jurisdiction defect.
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