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Showing contexts for: acquiscence in Laxman Singh And Anr. vs Life Insurance Corporation Of India on 25 January, 1982Matching Fragments
9. I do not propose to examine the controversy raised in regard to the question whether the location of the Branch Office of the defendant at Bhilwara enables the Additional District Judge to entertain, try and decide the suit instituted by the plaintiffs, in view of the conclusion to which 1 have arrived at that the plaintiffs cannot be allowed to avail of the objection regarding jurisdiction of the Court of Additional District Judge, Bhilwara because, in the facts and circumstances of this case, they will be deemed to have waived that objection and acquisced in the institution of the suit at Bhilwara.
When a non-resident foreigner voluntarily submits to the jurisdiction of a court, it is no longer open to him to object to the jurisdiction of chat court, the principle being that a court has jurisdiction in an action over any person who has by his conduct precluded himself from objection to its jurisdiction.
13. The reasons given in the Rajasthan case may usefully be adopted in this case.
14. In these circumstances the learned Additional District Judge should not have been given effect to the objection relating to the territorial jurisdiction after the fall trial of the suit on merits for, by the conduct narrated above, the defendant has waived it and acquisced in the institution of the suit at Bhilwara. It is not the case of the respondent that there has been a prejudice on merits. The objection as to territorial jurisdiction is technical and as such, the learned Additional District Judge should not have given effect to the objection relating to jurisdiction after the conclusion of the trial. For these reasons decision on issue No. 4 by the learned Additional District Judge that the plaint should be returned for presentation to the proper court, cannot be sustained. It is, accordingly, set aside. It is held that the defendant has waived the objection relating to the territorial jurisdiction and acquisced in the institution of the suit at Bhilwara. The objection of lack of territorial jurisdiction cannot be given effect to.