INDER SINGH Vs. SUBA SINGH

JUDGEMENT

(1.) Chaudhry Roop Chand urges that the decree passed, in Civil Suit No. 16 of 1953 was a nullity for the reason that Shri Gian Chand, Sub-Judge, who passed the decree for possession by pre-emption on payment of Rs. 3,150/- had pecuniary jurisdiction up to Rs. 1,000/- only.

(2.) In my opinion, on principle and authority the decree passed in Cavil Suit No. 16 of 1953 cannot be regarded to be nullity.

(3.) 'Prima facie' defect of Jurisdiction whether it is pecuniary or territorial, or whether it is in respect of the subject-matter of the action, strikes at the authority of the civil Court to pass any decree, and such a defect cannot be cured even by consent of parties. In case the defect now under consideration fell to be determined only on the application of general principles governing the matter, there can be no doubt that the Court of first instance was coram non judice, and that its Judgment and decision would be nullities.