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Kiran Singh And Others vs Chaman Paswan And Others on 14 April, 1954

11. In the light of the circular issued stating that the two amending Acts have not been notified, it is apparent that the provisions of Section 81(2) and 89 of Amending Acts 65 of 97 and 34 of 98 does not have force in the eye of law. Therefore, the question will be whether the order passed by the District Court can be saved even though such proceedings were not supported by the statutory prescription. The immediate answer to the above issue falls from the decision of the Honourable Supreme in the case of Kiran Singh and others v. Chaman Paswan and others reported in AIR 1954 SUPREME COURT 340. In the said decision an issue arose as to whether an appeal from the decree of subordinate Judge will lie to the District court or to the High Court based on the valuation in the plaint, which was subsequently amended. Further question that arose was if as per the original valuation, the District Court having entertained the appeal and passed a decree and judgment, if found to be later not competent to hear the appeal on the ground of lack of jurisdiction, whether the decree and judgment can be saved or is it a nullity. In paragraph 6 of the above said decision the Honourable apex Court held as follows:
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