Law: Civil Procedure Code (V of 1908)

Section: 96(3)

Law: Punjab Revenue Act, (XVII of 1887)

Section: 158(1)(2)(xvii),158

(a) Civil Procedure Code (V of 1908), S. 96 (3)-Consent decree passed by Court which had no jurisdiction-Appealable. An appeal is not barred by section 96 (3) against a decree by consent if the Court which passed the decree had no jurisdiction in the subject-matter of the dispute. [In this case the decree appealed from was the final decree in a partition suit respecting land cognizance of which by Civil Court was barred by section 158 (1), (2) (xvii) of Punjab Revenue Act (XVII of 1887)] Nagar Mal v. Kishan Lal A I R 1931 Lah. 96, Budh Singh and others v. Budh Singh 32 P L R 90, Bilas Singh v. Emperor A I R 1925 All. 737, Ranjit Missir v. Ramudar Singh and others 16 I C 940 and Bindeswari Prosad Singh v. Lakpat Nath Singh and others 8 1 C 2E ref. The consent decree in section 96 (3) is synonymous with the lawful compromise in Order 23, rule 3. There is no jurisdiction in the trial Court to pass a decree by consent except in accordance with Order 23, rule 3. (Per Kaikaus, J) Even if no appeal lay in such a case a revision would be competent on the ground that the whole proceedings before the Court were entirely without jurisdiction. Revisional jurisdiction is really a part of the appellate jurisdiction in the wider sense of that expression. (b) Jurisdiction- -Civil or Revenue Court-Partition proceed­ings respecting land-Jurisdiction of Civil Court barred under S. 158 Punjab Revenue Act, (XVII of 1887)-Objection for the first time raised in First appeal before High Court-Allowed, where question of jurisdiction could be decided on facts admitted in palint. (c) Civil Procedure Code (V of 1908), S. 97--No appeal from preliminary decree-Correctness of preliminary decree allowed to be disputed in appeal from final decree where decree d was without jurisdiction. JUDGMENT KAIKAUS, J.-This appeal arises out of a suit for partition. Khan Muhammad and four others, who are respondents in this appeal, filed a suit against Ghulam Hussain and three others, who are appellants before us, for partition of a plot of land situate in Mohalla Sahowanlian, Maghiana City, claiming to be entitled to 13/15th of the property in dispute. On a part of this land some building had been…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492