Jurisdiction

1. Kiran Singh And Others vs Chaman Paswan 1954 AIR 340, 1955 SCR 117-

plaintiffs filed suit for mesne profits and ejection of the defendants. Matter went on appeal
to HC, discovered that suit had been under-valued. Questioned Section 11 of the Suits
Valuation Act. On the basis of this, they contend that the decision of the District Court be
rendered null and void and that the High Court have first appeal on the matter. They
contended that they had indeed suffered ‘prejudice’ as per Section 11 of the Suits Valuation
Act.

Issues

A) The application of Section 99 of the CPC and Section 11 of Suits Valuation Act in the
question of jurisdiction.- Sections 99 & 21 CPC + Section 11 of the Suits Valuation Act-
decree cannot be declared null and void on purely technical grounds, party has to show
prejudice was committed as a result of such decree

B) Whether the plaintiff lose the inherent right to appeal as a result of the undervaluation-
such objections should have been made in the Court of First Instance as per Section 21

C) What is “prejudice” and whether the plaintiff has bene prejudiced- Court agreed right to
appeal was substantive right and parties cannot be deprived of it, but did not accept the
argument that this had happened here. On the other hand, it had enlarged their right.
Prejudice that the section envisages is not the right to appeal lies in a different court.

Territorial Jurisdiction:
2. Khandesh Spinning & Weaving v Mool Jaith & Co. 1948 (50) BOM LR 49 (suggested reading)
3. Harshad Chimmanlal Modi v. DLF Universal, 2005(7) SCC 791 (Immovable property)
4. Swastik Gases v. IOCL, 2013(9) SCC 32
Suggested readings:
5. Hakkam Singh v. Gammon India, AIR 1971 SC 410 (additional suggested reading)
6. ABC Laminart v. AP Agencies, Salem, (1989)2 SCC 163 (additional suggested reading
Scope of section 9 – Civil Nature

7. Horil vs Keshav & Anr (2012)5 SCC 525

Subject matter Jurisdiction:

8. Dhulabhai v. State of M.P., (1968)3 SCR 662
9. Nahar Industrial Enterprises Ltd. v. HSBC, (2009)8 SCC 646

Objections to Jurisdictions-

10. Hiralal vs kalinath [1962] 2SCR 747

Suits in Religious Cases

11. P.M.A. Metropolitan vs Moran Mar Marthoma Mathews 1995 AIR 2001, 1995 SCC Supl. (4)
286

Suit for land

12. Adcon Electronics Pvt. Ltd vs Daulat AIR 2001 SC 3712, (2001) 7 SCC 698

Res Sub-judice, Res Judicata:

13. Aspi Jal v. Khusboo Rustom, (2013) 4 SCC 333

14. Indian Bank vs. Maharashtra State Co-Operative Marketing Federation Ltd. (1985) 5 SCC 69

15. Daryao v. State of U.P. AIR 1961 SC 1457

16. Modi Entertainment v. WSG Cricket, (2003) 4 SCC 341

Suggested readings:
17. Nawab Hussain v. State of U.P., 1977 (2) SCC 806
18. Escorts Construction vs Action Construction Ltd. AIR 1999 Del 73