Law: Suits Valuation Act, 1887

Section: 3

Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 6,O.VII,R.10,115

(a) Suits Valuation Act (VII of 1887)--- ----S. 3---Civil Procedure Code (V of 1908), S. 6 & O. VII, R. 10---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Subsequent change in valuation of suit---Effect---Jurisdiction---Civil Judge Class III decreed the suit against which an appeal was filed wherein valuation of the same for the purpose of court fee and jurisdiction was conceded as Rs.564,000---Appellate Court remanded the case to Senior Civil Judge for decision afresh---Validity---Valuation of the suit for the purpose of court fee and jurisdiction at the time of institution of the same was fixed at Rs. 400 and same continued till passing of and decree by the Trial Court---Said valuation was within the pecuniary jurisdiction of Civil Judge Class III as same had been determined by the plaintiffs themselves---Valuation of original suit as determined under S.3 of Suits Valuation Act, 1887 for the purpose of jurisdiction would be the determining factor and not the market value or sale price of subject matter of suit---Where during pendency of suit the value of subject matter was found to be more than pecuniary jurisdiction of the court trying the same, such court would not be deprived from its pecuniary jurisdiction to try the said suit---No objection on pecuniary jurisdiction was raised during pendency of present suit and such objection was made for the first time at appellate stage which would not debar the proceedings conducted by the Civil Judge Class III as provisions of O. VII, R. 10, C.P.C. would apply only where court initially lacked jurisdiction to entertain and try the suit---No objection with regard to proceedings conducted by Civil Judge Class III had been raised at appellate stage and same could not be allowed to be taken at revisional stage---Impugned remanding case to the court having pecuniary jurisdiction for deciding the same on merits did not suffer from any material irregularity and illegality---Judgment and decree passed by Civil Judge Class III would be void and nullity in the eye of law---Appellate Court had rightly remanded the case to the court having pecuniary jurisdiction for rehearing the parties and deciding the…

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