Section 6 in The Rajasthan Suits Valuation Act, 1958
6. Procedure where objection as to improper valuation for jurisdictional purposes is taken in appeal or revision.
(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.(2)If the objection was taken in the manner mentioned in clause (a) of sub - section (1) but the appellate court is not satisfied as to both the matters mentioned in clause (b) of that sub - section and has before it the materials necessary for the determination of the other grounds of appeal to itself, it shall dispose of the appeal as if there had been no defect of jurisdiction in the court of first instance or lower appellate court.(3)If the objection was taken in that manner and the appellate court is satisfied as to both those matters and has not those materials before it, it shall proceed to deal with the appeal under the rules applicable to the court with respect to the hearing of appeals but, if it remands the suit or appeal or settles and refers issues for trial or requires additional evidence to be taken, it shall direct its order to a court competent to entertain the suit or appeal.(4)The provisions of this section with respect to an appellate court shall, so far as they can be made applicable, apply to a court exercising revisional jurisdiction under section 115 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) or under any other enactment for the time being in force.
