PANNA LAL Vs. GHISOO LAL

JUDGEMENT

(1.) This revision petition is directed against the order dated 22-2-1986 passed by the Munsif, Pali.

(2.) The brief facts giving rise to this revision petition are that Panna Lal, decree-holder-petitioner initiated proceedings for execution of a compromise decree entered into between Panna Lal and Ghisoo Lal on 17-12-1980. Ghisoo Lal moved an application in these execution proceedings that the execution proceedings should be dismissed as the compromise decree which was passed by the court on 17-12-1980 was bad on the ground that the court which passed the decree had no pecuniary jurisdiction to pass a compromise decree for the sum of Rs. 24,000.00. The learned Munsif disposed of the objection raised by there judgment-debtor respondent by the order under revision and held that in fact the compromise decree, which has been passed by the learned Munsif on 17-12-1980 is bad on the ground that he had no pecuniary jurisdiction to grant such a decree. Hence, the present revision petition.

(3.) Mr. Nagori, learned Counsel for the petitioner submits that once the court has passed a compromise decree though that court has no pecuniary jurisdiction to pass such a decree then too it is not open for the person who enters into the compromise to raise this objection in die execution proceedings. If Ghisoo Lal was not agreeable to the compromise, then there was no need to enter into a compromise. Once he entered into a compromise and the compromise has been submitted before the court and the court has passed a compromise decree in terms of the compromise then it does not lie in his mouth to challenge the competence of the court on the ground of lack of pecuniary jurisdiction. Learned Counsel for the petitioner has invited my attention to the amendment brought about to sub-section (2) of Sec. 21 of Code of Civil Procedure as well as to the amendment made in Order 22, Rule 3 of Civil Procedure Code. Learned Counsel submits that in view of the amendment, now even the revisional Court or an Appellate Court has no jurisdiction to set aside a judgment or decree on the ground of the competence of the court regarding pecuniary jurisdiction unless such objection was taken in the court of first instance if the earliest possible opportunity, and, in all case where issues are settled, or before such settlement and unless there has been a consequent failure of justice. Learned Counsel has also invited my attention to Kiran Singh and others Vs. Chaman Paswan & ors., AIR 1954 S.C. 340, where in it was observed as under:-