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Issues: Whether the judgment and order of the Additional District Judge, passed in the Small Cause Court side, was without jurisdiction for want of pecuniary competence, and whether the objection to jurisdiction was barred because it was not taken at the earliest opportunity.
Analysis: The suit valuation being Rs. 41,400, the matter fell within the pecuniary jurisdiction of the Small Cause Court presided over by the Civil Judge (Senior Division) after the change brought into force from 7.12.2015. The objection that it should have been tried by the Civil Judge (Senior Division) was therefore directed to the very competence of the forum and not to a mere procedural irregularity. The rule that objections as to place of suing should ordinarily be raised at the earliest opportunity does not cure a decree passed without jurisdiction. A defect of jurisdiction, whether pecuniary, territorial, or relating to the subject-matter, strikes at the authority of the court and can be raised whenever the decree is relied upon.
Conclusion: The impugned judgment and order was without jurisdiction, the plea of waiver failed, and the matter had to be sent back to the court having pecuniary jurisdiction for decision afresh in accordance with law.
Ratio Decidendi: A decree passed by a court lacking pecuniary or subject-matter jurisdiction is a nullity, and such jurisdictional defect can be raised at any stage notwithstanding the general rule requiring timely objection to place of suing.
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