Vijay Kumar Ojha vs Samsung India Electronics Pvt. Ltd. on 22 April, 2025
"12. Order VII, Rule of the Code of Civil Procedure empowers and
enables a Court to return the plaint "at any stage of the suit" to be
presented to the Court in which the suit ought to have been
instituted. The words "at any stage of the suit" would mean even
after the trial has begun and concluded but before the Judgment is
delivered. Thus, while answering the question of law referred that
neither consent nor waiver can cure the defect of inherent lack of
jurisdiction and consent of parties cannot operate to confer
jurisdiction on a Court which has no competence to try it, whereas
territorial jurisdiction can always be assumed by the Court when
such an objection is waived by the party on the principles as laid
down in Section 21 of the Code of Civil Procedure. Independently of
Section 21 of Code of Civil Procedure defendant may also waive the
objection as regards defect in territorial jurisdiction and will be
subsequently precluded from taking the objection."