LawCite Search | LawCite Markup Tool | Help | Feedback Law Cite

Mere ' privately or by Court. While the counsel defect in territorial or pecuniary jurisdiction does not make decree void ab initio--There for the objector has levelled charges of mustt be lack of inherent jurisdiction in dishonesty and mismanagement against Court passing decree--Decree based on com* Capt. Ker and tried to support them by promise involving amount exceeding pecu reference to his affidavit the counsel for niary jurisdiction of Court is not void ab initiio and nullity. Capt. Ker on the other hand has returned It is only when the lack of jurisdiction is such the compliment by making similar charges as t© make the decree coram non judice, a mere against Mr. Ferrell who is a contributory nothiing or what is not a decree at all in the eye and was also the manager and director of of thielaw, that it can be treated as a mere nullity the company. I am not in a position to and disregarded by the execution Oourt. The «express any opinion about these allega meres defeot in the territorial or pecuniary juriS- dicticon, such as can be cured by S; 21, Civil P.O., tions at this stage. It would be enough or S.. 11, Suits Valuation Act, does not make the 380 Oudh Gwala Prasad Khanna v. Mathura Prasad 193? decree ab initio void and a nullity. A deoree . The present application for execution based therefore on compromise between the parties was filed on 1st August 1934, and the iB not void ab initio and a nullity, merely beoause it involves an amount whioh exceeds the pecu judgment.debtor filed an objection on niary limits of the Oourt that passed the deoree : several grounds. He pleaded that the     1

Cases Referring to this Case

Case Name	Citation(s) †	Court	Jurisdiction	Date	Full Text		Citation Index
Gwala Prasad Khanna v Mathura Prasad	[1937] AllINRprOudh 57	All India Reporter - Oudh	India	8 Apr 1937	AsianLII