IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 CRP.No. 145 of 2008() --------------------- OS.241/2004 of ADL.SUB COURT, THALASSERY .................... REVN. PETITIONERS: RESPONDENTS/DEFENDANTS: ----------------------------- 1. GOVERNMENT OF INDIA, REPRESENTED BY THE SECRETARY FOR DEFENCE, GOVERNMENT SECRETARIAT, NEW DELHI. 2. TRAINING COMMANDER (COLLEGE), NAVAL COLLEGE OF ENGINEERING, INS SHIVAJI, LONAVALA. 3. CHIEF NAVAL STAFF, NAVAL HEAD QUARTERS, NEW DELHI. 4. PRINCIPAL, NAVAL COLLEGE OF ENGINEERING, INS SHIVAJI, LONAVALA. BY ADV. SRI.P.GOPINATHA MENON, ADDL.CGSC RESPONDENTS: PETITIONER/PLAINTIFF: ------------------------- R.V.RAJESH, S/O.K.G.RAMACHANDRAN, AGED 21 YEARS, HOUSE NO. 227, WARD NO.M.T.7, NEAR MOSQUE, THANA, KANNUR. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRP. NO.145/2008 ORDER ON I.A. NO.423/2008 IN CRP. NO.145/2008 DISMISSED 18.02.2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 145 OF 2008 --------------------- Dated this the 18thday of February, 2008 ORDER This revision petition is preferred against the order of the Sub court, Thalassery, in OS 241/04. The question considered was regarding the pecuniary jurisdiction. The plaintiff moved a suit for damages as an indigent OP, which was converted into original suit. After contest, it was allowed and thereafter a written statement was filed wherein also no objection was raised with respect to the territorial jurisdiction. Subsequently, by amendment to the written statement this contention was raised. This court directed that permission is to be granted for amendment but made it clear that the question of waiver etc. can be considered at the appropriate stage. A perusal of the order would reveal that the OP was filed as early as on 7.7.01. After a long contest including evidence, the indigent OP was converted into OS, as per order dated 1.11.04. Even though the defendants filed their written statement initially on 23.3.05, they did not raise any contention at that stage. It was done only at a belated stage by filing an application for amendment of the written statement. 2. The court below found that the defendants should have done it at the early stage and therefore it amounts to waiver. The court refused to answer the jurisdictional issue in its favour. Under Section 21(2) of the C.R.P. NO.145/08 2 CPC “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.” It has to be remembered that in this case it was on account of some injuries sustained the case is initiated. Now if the question of jurisdiction is raised up at this belated stage, the whole matter has to start afresh. The OP has been initiated in 2001 and we are in the year 2008. So by conduct, the defendants had not chosen to contest the question of original jurisdiction at the earlier stage namely, at the time of pendency of the OP or even at the time of filing of the original written statement. Therefore, it appears that they have waived the right by silence at the appropriate stage. So at this belated stage, I do not want to interfere with the decision rendered by the court below. Therefore the civil revision petition lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps C.R.P. NO.145/08 3