AIR 1960 PATNA 136

Patna High Court

Hon'ble Judge(s): V. Ramaswami , C.J. AND Kanhaiya Singh , J

Suits Valuation Act (7 of 1887) , S.11— Objection as to pecuniary jurisdiction not raised in Court of first instance - Objection cannot be allowed in execution proceeding. Civil P.C. (5 of 1908) , S.21— Section 11 of the Suits Valuation Act and section 21 of the Civil Procedure Code are exceptions to the fundamental rule of law that a judgment of Court without jurisdiction is a nullity and that want of jurisdiction cannot be waived. The principle which both the sections embody is that in cases falling under them the defects are not fundamental in character and are no more than a mere irregularrity in exercise of the jurisdiction, and therefore, where no objection to the valuation or jurisdiction was taken by a party to the suit in the manner and to the extent mentioned in S. 11, it cannot be allowed to be raised in the appellate court. There is no distinction in principle in a case where on the valuation stated in the plaint the suit was beyond the pecuniary jurisdiction of the Court and a case in which after determination of the valuation by the appellate Court the suit by reason of the increase in the valuation becomes incompetent for lack of pecuniary jurisdiction in Court : Objection about want of jurisdiction cannot, having regard to the provisions of S. 21 of the Code of Civil Procedure and S. 11 of the Suits Valuation Act....