In Brief
A partition suit was filed at Ranchi courts claiming a 1/4 share in properties at Ranchi and Varanasi. After a decree was passed, the respondent challenged it during execution proceedings, claiming the Ranchi court lacked territorial jurisdiction. The Supreme Court held that objections to territorial jurisdiction must be raised at the earliest opportunity in the trial court, not later in execution proceedings. Territorial jurisdiction defects are technical and waivable, unlike subject-matter jurisdiction which renders a decree void. The Court set aside the High Court's order directing the executing court to entertain the territorial jurisdiction objection and allowed the appeal.
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