AIR 1954 SUPREME COURT 340

Supreme Court Of India

(From : Patna)

Hon'ble Judge(s): B. K. Mukherjea, Vivian Bose, Ghulam Hasan, T. L. Venkatarama Ayyar , JJJ

(A) Civil P.C. (5 of 1908) , S.9, S.21— Decree passed without jurisdiction is nullity. It is a fundamental principle that a decree passed by a Court without jurisdiction is a nullity, and that its invalidity could be set up whenever and wherever it is sought to be enforced or relied upon, even at the stage of execution and even in collateral proceedings. A defect of jurisdiction whether it is pecuniary or territorial, or whether it is in respect of the subject-matter of the action, strikes at the very authority of the Court to pass any decree, and such a defect cannot be cured even by consent of parties.(Para 6) Anno: C. P., C.S. 9 N.3;S. 21 N. 1 (B) Suits Valuation Act (7 of 1887) , S.11— Principle. Civil P.C. (5 of 1908) , S.21, S.99— The principle that underlies S. 11. Suits Valuation Act, 1887, is that a decree passed by a Court, which would have had no jurisdiction to hear a suit or appeal but for over-valuation or under-valuation, is not to be treated as what it would be but for the Section, null and void, and that an objection to jurisdiction, based on over-valuation or under valuation, should be dealt with under that Section and not otherwise. .(Para 7) The same principle ha....