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Forum Prorogatum / Submission to Territorial Jurisdiction

Jurisdictional & Appellate Practice Terms

Definition

A jurisdictional principle where a court that initially lacks territorial or pecuniary competence acquires valid authority to determine the dispute because the defending party voluntarily participates, files pleadings, and argues on merits without raising a timely jurisdictional objection (governed in Indian civil practice by Section 21 of the Code of Civil Procedure, 1908).

Example

A supplier based in Chennai files a recovery suit in the City Civil Court at Bengaluru against a distributor residing in Mysuru, where the contract was also executed in Mysuru. Instead of filing an application under Order VII Rule 10 CPC for return of plaint at the threshold, the distributor files a written statement on merits, participates in evidence, and cross-examines witnesses. Under Section 21 CPC and the principle of submission to jurisdiction (forum prorogatum), the distributor cannot challenge the final money decree in appeal on the ground that the Bengaluru civil court lacked territorial jurisdiction.