Territorial jurisdiction objections cannot be raised in execution where the decree is not void for lack of subject-matter jurisdiction.

An executing court cannot entertain an objection that the decree-holder court lacked territorial jurisdiction where the decree is not a nullity for want of subject-matter jurisdiction. Territorial jurisdiction objections must be raised at the earliest opportunity under Section 21 CPC, and interference is limited to cases showing consequent failure of justice. Such a challenge must be pursued in appellate proceedings, because execution cannot be used to go behind the decree. The objection was therefore not open to adjudication in execution, and the contrary view was held erroneous.

---

---

Issues: Whether an objection that the court passing the decree lacked territorial jurisdiction can be entertained by the executing court under Section 47 of the Code of Civil Procedure, 1908.

Analysis: An objection to territorial jurisdiction does not go to the inherent competence of the court to entertain the suit in the same manner as a defect of subject-matter jurisdiction. Section 21 of the Code of Civil Procedure, 1908 requires such objection to be taken at the earliest opportunity before the trial court and permits interference only where there has been a consequent failure of justice. Where the decree is not shown on its face to be a nullity for want of subject-matter jurisdiction, the executing court cannot investigate the validity of the decree on a territorial-jurisdiction objection, since it cannot go behind the decree. The proper remedy for such a challenge lies in appropriate appellate proceedings and not in execution.

Conclusion: The objection to territorial jurisdiction was not open to adjudication by the executing court and the High Court erred in directing otherwise. The decision is in favour of the appellant.

Ratio Decidendi: A decree cannot be impeached in execution on the ground of want of territorial jurisdiction unless the defect amounts to inherent lack of subject-matter jurisdiction or falls within the limited statutory exception permitting such an objection to be raised on the established conditions.

---