KOOPILAN UNEEN'S DAUGHTER PATHUMMA & ORS. vs KOOPILAN UNEEN'S SON KUNTALAN KUTTY DEAD BY LRS. & ORS,

The Supreme Court held that for an objection to the place of suing to be entertained by an appellate or revisional court under Section 21(1) of the Code of Civil Procedure, three conditions must be met: (i) the objection must be raised in the court of first instance, (ii) at the earliest opportunity, and (iii) there must be a consequent failure of justice. In this case, while the first two conditions were satisfied, the respondents failed to demonstrate any failure of justice due to the choice of Manjeri as the place of suing, leading the Court to allow the appeal and uphold the final decree passed by the Manjeri Court.