Advocates must verify court jurisdiction before filing pleas: Court
11/10/2026
JAMMU, Oct 10: A Jammu court has observed that advocates have a duty to verify the jurisdictional competence of a court before initiating proceedings, stating that filing legally incompetent petitions leads to avoidable wastage of judicial time and strains judicial resources.
First Additional District Judge Amarjeet Singh Langeh made the observations while dismissing a revision petition filed by Prem Sagar Khajuria, a resident of Kandoli Nagrota, against Jaswant Singh.
The petitioner had challenged an order dated March 6, 2025, passed by the 2nd Additional Munsiff, Jammu, allowing the defendant's written statement to be taken on record in a civil suit.
Examining the maintainability of the petition, the court held that revisional jurisdiction under Section 115 of the Code of Civil Procedure (CPC) is vested in the High Court and that the District Court lacked the statutory jurisdiction to entertain the revision under the said provision.
"It is also a basic duty of an Advocate to carefully scrutinize jurisdictional aspect of a matter like one on hand," Judge Langeh observed.
The court noted that approaching a judicial forum without first verifying its statutory jurisdiction results in procedurally incompetent proceedings and unnecessary consumption of valuable judicial time.
Holding that the revision petition was not maintainable for want of jurisdiction, the court dismissed it without examining the merits of the trial court's order.
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