In Brief
A partition suit was filed at Ranchi in 1985. The defendant challenged jurisdiction before the High Court, which directed that any jurisdiction objection be decided as a preliminary issue. A decree was passed granting the plaintiff her share. Decades later, during execution, the defendant objected that the Ranchi court lacked territorial jurisdiction. The High Court allowed this objection to be entertained in execution proceedings. The Supreme Court reversed, holding that territorial jurisdiction objections must be raised at the earliest opportunity in the trial court, not during execution. The Court distinguished territorial jurisdiction (waivable) from subject-matter jurisdiction (fundamental). It held that a mere change of forum does not constitute prejudice under the Suit Valuation Act. The appeal was allowed and execution directed to proceed.
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