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JC - Legal Updates - Urging new grounds for the first time in SLP, specially one concerning jurisdiction, not a bar – Supreme Court

Legal Updates

10 Aug 2021

Urging new grounds for the first time in SLP, specially one concerning jurisdiction, not a bar – Supreme Court

This was held by the Supreme Court (“Court”) in its judgment dated 5th August 2021 in the matter of Shri Saurav Jain & Anr. V. M/s. A. B. P. Design & Anr [Civil Appeal 4448 of 2021].

The Court in view of its plenary jurisdiction under Article 136 of the Constitution read with its powers under Article 142, observed that new grounds in the SLP can be raised for the first time, with the leave of the Court, if it involves a question of law which does not require adducing additional evidence, specifically one concerning jurisdiction of the court which goes into to the root of the matter. The same is permitted

In the present case, the Trial Court had dismissed the suit. In doing so, it had also rejected the defendant's objection relating to jurisdiction of the Trial Court. The High Court allowed the appeal filed by the plaintiff and reversed the judgment of the Trial Court. The question of jurisdiction was not considered by the High Court because a cross-objection against the finding of the jurisdiction was not filed by the defendant before the High Court.

The Court further observed that though in appeal, the issue of jurisdiction was not raised by the defendant before the High Court, either by filing a memorandum of cross-objection or otherwise, he is not precluded from raising the issue for the first time before the Court.

The Court also observed that the plea of a bar or lack of jurisdiction can be entertained at any stage, since an order or decree passed without jurisdiction is non est in law.


For any further information, please contact Mr. Shubhabrata Chakraborti (shubhabrata.chakraborti@jclex.com) or Mr. Dhruv Malik (dhruv.malik@jclex.com).