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april 1954

Supreme Court of India · 1954-04-14

KIRAN SINGH AND OTHERS vs CHAMAN PASWAN AND OTHERS.

Citation / case number
SC 1953/1447
Court
Supreme Court of India
Petitioner
KIRAN SINGH AND OTHERS
Respondent
CHAMAN PASWAN AND OTHERS.
Bench
AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court interpreted Section 11 of the Suits Valuation Act, 1887, holding that a decree passed by a court of inferior jurisdiction is not a nullity if it was decided on merits, even if undervalued. The Court emphasized that objections to jurisdiction based on valuation are technical and should not lead to reversal unless there is a failure of justice. The judgment clarified that mere errors in decision or changes in form do not constitute prejudice under Section 11, and a party cannot claim prejudice if they chose the forum based on their own valuation.

KIRAN SINGH AND OTHERS vs CHAMAN PASWAN AND OTHERS. · Niyam