Law:

Section:

(a) Suits Valuation Act (VII of 1887)---S. 11---Court Fees Act (VII of 1870), S.7(vi)--Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider; whether High Court while setting aside and decree of Trial Court failed to take into account the provisions of S.11 of Suits Valuation Act, 1887, and S.7 (vi) of Court Fees Act, 1870; and whether in absence of allegation by respondents that prejudice was caused to them on account of proceedings of the suit before Civil Judge Second Class, High Court should not have interfered with the and decree passed in the suit. (b) Suits Valuation Act (VII of 1887)----- ----S. 11---Civil Procedure Code (V of 1908), Ss.21 & 99---Valuation of suit---Proceedings before Court having no pecuniary jurisdiction--Remedy---Exception is given in S.11 of Suits Valuation Act, 1887, to the general rule that want of jurisdiction renders the proceedings null and void---Principle underlying S.11 of Suits Valuation Act, 1887, is that a decree passed by a Court which would have 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 section 11, null and void, and that an objection to jurisdiction as regards under valuation or over-valuation should be dealt with under the provisions of S. 11 of Suits Valuation Act, 1887, and not otherwise---Spirit of law behind Ss.21 and 99 C.P.C. appears to be the same as under S.11 of Suits Valuation Act, 1887, namely that when a suit was tried by a Court on merits and delivered, it should not be liable to be reversed purely on technical grounds unless it had caused failure of justice---Policy of legislature has been o treat objections to jurisdiction both territorial and pecuniary as technical and not open to consideration by an Appellate Court unless it has resulted in grave prejudice on the merits---Object of S.11 of Suits Valuation Act, 1887, is to provide a mechanism for curing the original lack of jurisdiction and also to place such defect at par with other curable irregularities---Decree passed by Court whose jurisdiction is assailed is not void m view of S.11 of Suits Valuation…

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