Section 21 CPC — Waiver of Objection Explained

⭐ Introduction

Section 21 of the Code of Civil Procedure (CPC) explains when a party can raise objections related to territorial and pecuniary jurisdiction. These objections must be raised at the earliest possible opportunity, usually before the settlement of issues. If a party continues with the case without objecting, the law treats it as a waiver of objection.

📘 What Waiver Means Under CPC

A waiver happens when a person knowingly chooses not to exercise a legal right. To avoid delays, the CPC expects all objections to be raised at the correct stage. If not raised in time, certain objections are considered waived.

⚖️ Objections Under Section 21 CPC That Can Be Waived

1. Territorial Jurisdiction (Section 21(1) CPC)
   Must be raised before the settlement of issues. If delayed, it is treated as waived.

2. Pecuniary Jurisdiction (Section 21(2) CPC)
   Must be raised at the earliest opportunity. If not, the party cannot raise it later.

3. Objection to the Place of Suing (Section 21(1))
   If a party participates in proceedings without objecting, the right to challenge it is lost.

4. Misjoinder or Non‑joinder of Parties (Order I Rule 13 CPC)
   Not part of Section 21, but follows a similar principle — the objection must be raised early.

🚫 Objections That Cannot Be Waived

• Lack of subject‑matter jurisdiction cannot be waived under any circumstances. A court without this power cannot pass a valid decree.

• A waiver cannot validate an act that is inherently illegal.

📚 Important Case Laws

• Kiran Singh v. Chaman Paswan (1954) –

  In this case, the plaintiff challenged the court’s jurisdiction but continued proceedings without objection. The Court clarified that territorial and pecuniary jurisdiction can be waived, whereas a defect in subject‑matter jurisdiction cannot. This factual background helps illustrate why the Court distinguished between types of jurisdiction.

📝 Conclusion

Section 21 CPC ensures smooth and efficient civil proceedings. Objections related to territorial and pecuniary jurisdiction must be raised promptly, or they are considered waived. This rule prevents parties from delaying trials through late technical objections and supports the timely administration of justice.