Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. VII, R.10 & O.XXXVII, Rr.2 & 3---Conciliation Courts Ordinance (XLIV of 1961), S.6 & Sched. Part I, section B---Suit for recovery of Rs.16,500 on basis of pro note and its receipt---Return of plaint---Defendant, after closure of his right to produce evidence raised objection before Additional District Judge that only the Conciliation Court had jurisdiction to try such suit---Validity---Such suit was exclusively triable by Conciliation Court in view of provision of S.6(1) read with section-B (Civil Cases) of Part-I Sched. to Conciliation Courts Ordinance, 1961---Defendant was not debarred from raising such .objection at such stage---Absence of objection or delayed objection would not grant to court jurisdiction, which was not vested in it---Additional District-Judge could not assume jurisdiction in such suit---Proceedings conducted without jurisdiction would be nullity in eye of law---High Court set aside impugned order and directed for return of plaint to plaintiff for its presentation before competent court. (b) Jurisdiction--- ----Court not having jurisdiction---Absence of objection or delayed objection or consent of parties could not confer jurisdiction upon Court---Proceedings conducted without jurisdiction would be nullity in eye of law---Principles. If a Court has got no jurisdiction, the objection having not been raised, it cannot be granted jurisdiction or even the consent of the parties cannot confer same upon it. Proceedings conducted without jurisdiction are nullity in the eye of law and cannot be held sacrosanct. It cannot be held legally justified on the score of raising it through delayed application. A. R. Aurangzeb for Petitioner. M. Abdul Aleem Qureshi for Respondent. ORDER SH. HAKIM ALI, J.--- Meer Aslam Jan, had filed a suit for recovery of Rs.16,500 on the basis of a pro note and receipt dated 6-2-2001 in the court of learned Additional District Judge, Bahawalpur on 5-7-2003. Application for grant of permission to appear and defend the suit was allowed and written statement was submitted by Bashir Ahmad, present petitioner. Thereafter, parties were directed to produce their evidence…

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