Sections 21 and 22 of the Code of Civil Procedure, 1908

Section 21 CPC regulates when objections to territorial, pecuniary and execution jurisdiction may be raised before an Appellate or Revisional Court. Section 22 provides for transfer of a suit where it could validly have been instituted in more than one Court.

Legal text reviewed: September 6, 2026. The central provisions below should be read with applicable State amendments, High Court rules and binding judicial decisions.

Section 21 CPC

Objections to jurisdiction

(1) No objection as to the place of suing shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and, in all cases where issues are settled, at or before such settlement, and unless there has been a consequent failure of justice.

(2) No objection as to the competence of a Court with reference to the pecuniary limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and, in all cases where issues are settled, at or before such settlement, and unless there has been a consequent failure of justice.

(3) No objection as to the competence of the executing Court with reference to the local limits of its jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the executing Court at the earliest possible opportunity, and unless there has been a consequent failure of justice.

In brief: Section 21 generally requires jurisdiction objections of the kinds specified in the section to be raised promptly in the proper Court, and an Appellate or Revisional Court will not ordinarily allow such an objection unless a consequent failure of justice is shown.

Section 22 CPC

Power to transfer suits which may be instituted in more than one Court

Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties, if any, shall determine in which of the several Courts having jurisdiction the suit shall proceed.

In brief: Section 22 applies only where two or more Courts already have jurisdiction. A defendant seeking transfer must apply at the earliest possible opportunity, after notice to the other parties, and the competent transfer Court decides where the suit should proceed.

Important amendment notes

Section 21 was renumbered as sub-section (1) by the Code of Civil Procedure (Amendment) Act, 1976, section 8, with effect from February 1, 1977.
Sub-sections (2) and (3) of Section 21 were inserted by the same 1976 amendment with effect from February 1, 1977.

Official reference: Code of Civil Procedure, 1908 - India Code. For litigation or professional use, also verify applicable State amendments, High Court rules and current judicial interpretation.