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PETITIONER: KIRAN SINGH AND OTHERS
Vs.
RESPONDENT: CHAMAN PASWAN AND OTHERS.
DATE OF JUDGMENT: 14/04/1954
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA MUKHERJEA, B.K. BOSE, VIVIAN HASAN, GHULAM
CITATION: 1954 AIR 340 1955 SCR 117 CITATOR INFO : R 1966 SC 634 (7) F 1977 SC1201 (3) RF 1981 SC 416 (34) R 1988 SC1531 (185) F 1991 SC 884 (14) RF 1991 SC1094 (3,11) R 1991 SC1494 (8)
ACT: Suits Valuation Act (VII of 1887), s. 1 -Appeal undervalued and presented to a Court of inferior jurisdiction-Whether a decree passed by it on the merits is a nullity-Whether mere change of form or error in a decision on the merits, prejudice within the meaning of section 11 of the Suits Valuation Act- Whether a party who invokes a jurisdiction of a Court can complain of prejudice on the ground of over-valuation or under-valuation.
HEADNOTE: The policy underlying section 11 of the Suits Valuation Act,as also of sections 21 and 99 of the Code of Civil Procedure, is that when a case has been tried by a Court on the merits and judgment rendered, it should not be liable to be reversed purely on technical grounds, unless a failure of justice has resulted. The policy of the Legislature has been to treat objections as to jurisdiction, both territorial and pecuni...