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‑‑Ss. 12 (2) & 115 read with Suits Valuation Act (VII of 1887), S. 11‑Suit decided by Court beyond its pecuniary jurisdiction Neither party raising such objection as raised by petitioner in execution proceedings‑Trial and decision of suit by trial court not causing any prejudice to interest of parties each party content with decree passed by trial Court and none took matter up in appeal Applying principle of S. 11 no interference, held, called for in circumstances.

Aslam Riaz for Petitioner.

This revision petition is directed against the order of the learned Civil Judge, Faisalabad, dated the 29th November, 1980 dismissing the petitioner's application under section 12 (2) of the Code of Civil Procedure questioning the validity of the decree passed by the learned Civil Judge on the 18th June, 1980.

2. In a suit for partition of property filed by the respondents against the petitioner the learned trial Court referred the dispute, on the basis of a compromise entered into by the parties, to an arbitrator on whose award decree was passed on the 18th June, 1980. None of the parties raised any objection to the jurisdiction of the Court trying and disposing of the suit. It was only after the respondents had taken out execution of the decree that the petitioner moved application attacking validity of the decree on the ground that it had been passed by the Court not possessed with the requisite pecuniary jurisdiction to try the suit.

3. No doubt the suit was beyond the pecuniary jurisdiction of the learned trial Court yet as no objection had been raised by either of the parties in this behalf the learned trial Court was not favourably inclined to accept the petitioner's objection which he put forth during the execution of the decree. Feeling aggrieved by the decision of the learned trial Court the petitioner has invoked the revisional jurisdiction, of this Court.

4. The trial and decision of the suit by the learned trial Court, whose pecuniary jurisdiction did not cover the full valuation of the suit, has not shown to have caused any prejudice to the interests of any of the parties. As a matter of fact the parties were content with the dercee passed by the learned trial Court and none took the matter up in appeal in these circumstances applying the principle' of section 11 of the Suits Valuation Act, 1887, no interference is called for in the impugned order of the learned Civil Judge. This petition is without any force and is conse quently dismissed in limine.

M.Y.M. Petition dismissed

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