Section 6(1) in The Rajasthan Suits Valuation Act, 1958
(1)Notwithstanding anything contained in section 99 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) an objection that, by reason of the over - valuation or under - valuation of a suit of appeal, a court of first instance or a lower appellate court, which had not jurisdiction with respect to the suit or appeal, exercised jurisdiction with respect thereto shall not be entertained by an appellate court unless -(a)the objection was taken in the court of first instance at or before the hearing at which issues were first settled and recorded or in the lower appellate court in the memorandum of appeal to that court, and(b)the appellate court is satisfied, for reasons to be recorded by it in writing that the suit or appeal was over - valued or under - valued and that the over - valuation or under - valuation thereof has pre-judicially affected the disposal of the suit or appeal on its merits.
