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    <title>2017 (5) TMI 1841 - ALLAHABAD HIGH COURT</title>
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    <description>Under the amended Code of Civil Procedure, lack of pecuniary jurisdiction does not by itself render a pending proceeding a nullity, and an objection on that ground succeeds only if failure of justice is shown. A suit already pending when the pecuniary limit of the Court of Small Causes was enhanced was therefore not required to be returned for fresh presentation, particularly where no direction to return the plaint had been issued. The refusal to return the plaint was held valid, and the suit could continue before the Court of Small Causes without de novo institution.</description>
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      <description>Under the amended Code of Civil Procedure, lack of pecuniary jurisdiction does not by itself render a pending proceeding a nullity, and an objection on that ground succeeds only if failure of justice is shown. A suit already pending when the pecuniary limit of the Court of Small Causes was enhanced was therefore not required to be returned for fresh presentation, particularly where no direction to return the plaint had been issued. The refusal to return the plaint was held valid, and the suit could continue before the Court of Small Causes without de novo institution.</description>
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