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Showing contexts for: technical plea in Ram Kunwar Singh And Ors. vs Pramod Kumar And Anr. on 8 May, 2007Matching Fragments
Section 331(1A) of the U.P. Act No. 1 of 1951 clearly lays down that no objection to the lack of jurisdiction of a Court would be entertained unless, apart from other requirements mentioned in the said provision, it was also shown that there had been a consequent failure of justice, i.e. failure of justice in consequence of the trial having taken place in the Court which lacked jurisdiction.
27. The Full Bench of this Court in Ram Padarath (supra) also considered this aspect and observed:
Section 331(1A) of the 'Act' provides that objection to the jurisdiction of Court is to be taken before framing of issue, otherwise its notice will not be taken by appellate or revisional court also with a further rider that unless there is failure of justice notice of such objection will not be taken by the superior court. As frivolous and technical pleas of jurisdiction every now and then were being taken which resulted in lingering on proceedings and delay or defeat of justice, the U.P. Legislature by U.P. Act No. IV of 1969 inserted Section 331 (1A) extracted earlier in the U. P. Zamindari Abolition and Land Reforms Act. The statement of objects and reasons for U.P. Act No. IV of 1969 itself provides that the said amendment was being made as it was considered necessary in order to curtail frivolous and technical pleas in litigation. The statements and the reasons of a statute cannot be ignored and are to be given due importance and are the safest guide for interpreting a particular statute.
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The reasons which led the State Legislature to insert Section 331(1A) in the 'Act' show that the Legislature intended to put an end to frivolous and technical pleas of jurisdiction. The reasons of the amendment rather discourage plea of jurisdiction unless it is really not substantial plea. In doubtful cases the civil court's jurisdiction can easily be not ousted and a person is not to be deprived from real relief desired and made to remain satisfied with some relief in the present only.