11. Procedure where objection is taken on appeal or revision that a suit or appeal
was not properly valued for jurisdictional purposes. —
(1) Notwithstanding anything
in 2section 578 of the Code of Civil Procedure (14 of 1882), an objection that by reason of
the over-valuation or under-valuation of a suit or appeal a Court of first instance or 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 obj ection was taken in the Court of first instance at or before the
hearing at which issues were first framed and recorded, or in the lower Appellate
Court in the memorandum of appeal to that Court, or
(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, an that the over-valuation or
under-valuation thereof has prejudicially affected the disposal of the s uit 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 frames 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.
1. The words "extends to the whole of India except Part B States and" omitted by the Adaptation of Laws
(No. 2) Order, 1956.
2. See now s. 99 of the Code of Civil Procedure, 1908 (Act 5 of 1908).
3
(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 1section 622 of the
Code of Civil Procedure (14 of 1882) or other enactment for the time being in force.
(5) This section 2*** shall come into force on the first day of July, 1887.
