Kiran Singh v Chaman Paswan (1954)

CPC & Limitation Act · Inherent Powers & Interlocutory Orders (ss.148–151, s.94)

Facts.

A decree was challenged on the ground that the court that passed it lacked jurisdiction.

Issue.

What is the effect of a decree passed by a court lacking jurisdiction?

Held.

A decree passed without jurisdiction is a nullity; its invalidity can be set up even in appeal or in execution, and is not cured by mere participation.

Why it matters.

It underpins the appeals topic and the distinction between jurisdictional defects and errors on the merits.

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