Wednesday, 28 January 2015

Code of Civil Procedure 1908, Section 6, Pecuniary jurisdiction, Procedure Code (V of 1908),



Code of Civil Procedure 1908

Pecuniary jurisdiction:-

Section 6:-

Section 6. Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.


Explanation, Illustration and Relevant Cases:


Civil Procedure Code (V of 1908)--Sections. 6 & 47‑Pecuniary jurisdiction‑Determined by value of suit and not by amount decreed‑Court competent to pass decree, in terms of compromise, in excess of its pecuniary jurisdiction ‑ Executing Court not competent to go behind decree and entertain objection to pecuniary jurisdiction of Court which had granted decree. P L D 1965 359

Civil Procedure Code (V of 1908).‑Sectin.6‑Jurisdictional value of suit as given in plaint within pecuniary limits of jurisdiction of Court but value of suit on objection of opposite‑party examined by Court and held to be above pecuniary limits ~ of its jurisdiction‑Contention that suit as originally valued having fallen within. jurisdiction of Court, Court not precluded from deciding same‑Jurisdictional value of suit as determined by Civil Judge having been found to exceed his pecuniary limits, Civil Judge, . held, possessed no jurisdiction to decide suit. P L D 1981 759

Civil Procedure Code (V of 1908) Section 6‑‑‑Pecuniary jurisdiction of Court‑‑‑District Judge had found that he had no pecuniary jurisdiction to entertain and decide the appeal and, as such, directed that the memorandum of appeal be returned to the appellants‑‑‑Such order of the District Judge was challenged by the appellants in revision before High Court, which revision, however, was withdrawn‑‑‑Effect‑‑‑Order of Appellate Court, in circumstances, attained finality, for, its legality had not even been challenged in regular first appeal before High Court‑‑‑Appellant, therefore, could not argue with any success that the appeal before the District Judge was competent.P L D 1999 238

Civil Procedure. Code (V of 1908)‑‑‑Sectins. 6 & 15‑‑‑Suit, institution of‑‑‑Pecuniary jurisdiction of Court‑‑­Scope‑‑‑Where during pendency of suit, the value‑ of subject‑matter was found to be more than pecuniary jurisdiction of the Court trying the suit, such Court would not be deprived from its pecuniary jurisdiction under S.6 of C.P.C. to try the suit. 2001 S C M R 1258

Civil Procedure Code, 1908 (V of 1908) -- Sections 6 & 96—District Judge — Pecuniary jurisdiction of—Bar of—Effect of— District Judge having no pecuniary jurisdiction to entertain suit— Such Judge, however, examining and deciding other issues also involved in case—Held : Findings of District Judge on such issues to be deemed as void and non-existent. PLJ 1987  222



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