72: Power of High Court to validate proceedings made under mistake as to Jurisdiction

(1) 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 49 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 as determined a suit of a class mentioned in Section 49 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. (4) With respect to any proceedings 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 proceedings 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 commencement of this Act.

Effective date: 1950-06-20

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