In Brief
In a partition suit decided over decades, the defendant challenged the Ranchi court's territorial jurisdiction during execution proceedings, arguing the decree was void. The Supreme Court held that objections to territorial jurisdiction must be raised at the first instance before issues are settled under Section 21 of the CPC, or in appeal—not during execution. The Court distinguished territorial jurisdiction (which is waivable and subject to conditions) from subject-matter jurisdiction (which is fundamental). The executing court cannot reopen jurisdictional issues; it must execute the decree as passed. The appeal was allowed and execution ordered to proceed."
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