Amendment status not verified — confirm the current text below against the official source.
Objections to jurisdiction on ground of erroneous valuation.— (1) Notwithstanding anything in section 99 of the Code of Civil Procedure, 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 objection 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 and that the over-valuation or under-valuation thereof has prejudicially affected the disposal of the suit or appeal on its merits: Provided that in a suit for accounts the value for purposes of jurisdiction as determined by the Court at any stage of the trial shall be final and conclusive and shall not be liable to be contested in appeal or revision. (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. (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 Civil Procedure or other enactment for the time being in force. 8.Saving of pending proceedings.— Nothing in this Act shall be construed to affect the jurisdiction of any Court— (a) with respect to any suit instituted before rules framed under section 3 applicable to the valuation of the suit take effect, or any other section of the Act comes into force, as the case may be, or (b) with respect to any appeal arising out of any such suit. 9.Repeal.— As from the commencement of this Act, any law in force in the Union Territory of Goa, Daman and Diu or any part thereof, corresponding to this Act or such provisions thereof as have come into force shall stand repealed. 10.Power to remove difficulties.— If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, as occasion requires, do anything (not inconsistent with this Act) which appears to it to be necessary for removing the difficulty. Secretariat, P. B. VENKATASUBRAMANIAN, Panaji, Secretary to the Government of Goa, October 5, 1965. Daman and Diu.