100: Power of High Court to validate proceedings held under mistake as to jurisdiction Miscellaneous

Power of High Court to validate proceedings held under mistake as to jurisdiction.– In either of the following cases, namely:- (a) if it appears to a Civil Court that a Court under its control has determined a suit of a class mentioned in section 77 which under the provisions of that section should have been heard and determined by a Revenue Court, or (b) if it appears to a Revenue Court, that a Court under its control has determined a suit which should have been heard by a Civil Court, the Civil Court or Revenue Court, as the case may be, shall submit the record of the suit to the [High Court]. (2) If on perusal of the record it appears to the [High Court] that the suit was so determined in good faith, and that the parties have not been prejudiced by the mistake as to jurisdiction, the [High Court] may order that the decree be registered in the Court which had jurisdiction. (3) If it appears to the [High Court] otherwise than on submission of a record under sub- section (1), that a Civil Court under its control has determined a suit of a class mentioned in section 77 which under the provisions of that section should have been heard and determined by a Revenue Court, the [High Court] may pass any order which it might have passed if the record had been submitted to it under that sub-section. 40 The Punjab Laws (4) With respect to any proceeding subsequent to decree, the [High Court] may make such order for its registration in a Revenue Court or Civil Court as in the circumstances appears to be just and proper. (5) An order of the [High Court] under this section shall be conclusive as against persons who were not parties to the suit or proceeding as well as against persons who were parties thereto, and the decree or proceeding to which the order relates shall have effect as if it had been made or had by the Court in which the order has required it to be registered. (6) The provisions of this section shall apply to any suit instituted on or after the first day of November, 1884, and to proceedings arising out of any such suit. Miscellaneous

Effective date: 1887-11-01

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