Mahomed Haji Hamed vs Jute And Gunny Brokers Ltd. on 25 November, 1930
It does not also apply to a case where the objection is not one to the place of suing, but one which goes to the root of the whole suit, such as an objection to the jurisdiction of the Court, which can be taken at any stage of the proceedings, even at the heating of the suit and on appeal. Such an objection, even in the High Courts, can be taken at any stage of the proceedings in the suit, Defendants have objected to the jurisdiction in their written statement. The written statement has not been properly drawn, because it is the usual practice to raise the objection at the very commencement of the pleading, and put in the written statement without prejudice to that contention. The objection, however, nevertheless is raised in the written statement, and the question is whether the defendants have waived their objection because of the further proceedings by way of chamber summonses which I have referred to above. It is true that these chamber summonses do not specifically state that they are without prejudice to the defendants' contention as to jurisdiction, but I cannot say that the plea of want of jurisdiction has anywhere been abandoned. Plaintiff's counsel, however, argued that taking such proceedings without having the question of jurisdiction first decided has involved the plaintiff in further costs in the suit, but the question of costs, in my opinion, could be dealt with and adjusted at the time of passing the final decree and does not affect the point of jurisdiction. It is a well-known principle that waiver cannot confer jurisdiction on a Court when none exists or which the Court does not possess.