AIR 1958 PATNA 486

Patna High Court

Hon'ble Judge(s): Raj Kishore Prasad , J

Civil P.C. (5 of 1908) , S.115— Jurisdiction, - Preliminary issue as to valuation and pecuniary-jurisdiction - Decision on - Interference in revision. Suits Valuation Act (7 of 1887) , S.11(1)— It is well settled that a Civil Court has inherent power to decide the question of its own jurisdiction, although as a result of its enquiry, it may turn out that it has no jurisdiction over the suit.(Para 21) It has been further well established that if the erroneous decision by a subordinate court results in the subordinate court exercising a jurisdiction not vested in it by law, or failing to exercise a jurisdiction so vested, a case for revision arises under sub-s. (a) or sub-s. (b) of S. 115, and, in such a case, sub-s. (c) can be ignored. Hence, where the valuation fixed by the court below is found to be arbitrary, purely speculative, and, based on no evidence, with the result that it assumes jurisdiction in a case which is beyond its pecuniary jurisdiction, it will obviously be the duty of High Court to interfere with the order under revision in spite of S. 11 (1) of the Suits Valuation Act. In such a case, the court below must be deemed to have acted with material irregularity in the exercise of its jurisdiction in deciding the case, so as to attract S. 115 of the Code and would justify the High Cour....