A decree passed by a court lacking jurisdiction amounts to a nullity, enforceable by revisional powers under Article 227 of the Constitution.

ORDER :

V. SRISHANANDA, J.

1. Heard Sri.Shrihari K., learned counsel for the legal representatives of the revision petitioner. Respondents are served and unrepresented.

2. It is noticed that the original suit for partition which was earlier pending before the jurisdictional Civil Judge was transferred to the Court of Small Causes as per the notification issued on the administrative side by the learned Principal District Judge, Mysuru.

3. The notification is culled out hereunder for ready reference:

“As per the order No.ADMN/A/8766/11, dated 29.06.2011 of the Hon’ble Prl. District and Sessions Judge, this case is withdrawn and made over to the file of the Judge, Court of Small Causes, Mysore for disposal.”

4. Thereafter, the matter was proceeded before the Small Causes Court and the suit came to be partly decreed.

5. Being aggrieved by the same, in the absence of any appeal against the judgment of the Small Causes Court, plaintiff has filed the present revision petition.

6. On hearing the learned counsel for the revision petitioners, this Court noticed that a decree passed by a Court which is incompetent to try a suit would amount to nullity.

7. As such, even though there is no scope for filing a revision petition against the decreeing of the suit for partition, by exercising the power under Article 227 of Constitution of India, wherein this Court can exercise the supervisory power, impugned order needs to be set aside as the same is an order passed without jurisdiction and nonest.

8. Admittedly, suit was filed before the competent Civil Court having jurisdiction to try the suit for partition.

9. However, without noticing that rights of immovable properties are to be adjudicated in the suit, by administrative order as referred to supra, learned Principal District Judge has withdrawn the suit from the jurisdictional Civil Court and made over to the Court of Small Causes.

10. Based on such an administrative order, suit was adjudicated and disposed of.

11. Pertinently, none of the parties also raised the objection with regard to maintainability of the suit for partition before the Small Causes Court and proceeded with the case.

12. Admittedly, when the Court has no jurisdiction, Doctrine of Acquiescence and Waiver would not operate as the Court of Small Causes inherently has no jurisdiction to try suit for partition in respect of immovable property in view of Section 8 of Karnataka Small Causes Courts Act.

13. For ready reference, Schedule and Section 8 of the Karnataka Small Causes Courts Act, 1964 is culled out hereunder:

“8. Cognizance of suits by Courts of Small Causes.—(1) A Court of Small Causes shall not take cognizance of the suits specified in the Schedule as suits excepted from the cognizance of a Court of Small Causes.

[(2) Subject to the exception specified in the schedule and to the provisions of any law for the time being in force, all suits of civil nature of which the value does not exceed [“two lakh rupees”] in Bangalore City, [“one lakh rupees”] in other places, shall be cognizable by a court of small causes.]

Provided that the State Government, in consultation with the High Court, may by notification, direct that all suits of which the value does not exceed (twenty five thousand rupees) shall be cognizable by a Court of Small Causes mentioned in the notification.

SCHEDULE

SUITS EXCEPTED FROM THE COGNIZANCE OF COURT OF SMALL CAUSES

(See Section 8 ).

(1) A suit concerning any act done or purporting to be done by or by order of the Central Government or the State Government;

(2) a suit concerning an act purporting to be done by any person in pursuance of the judgment or order of a Court or of a Judicial Officer acting in the execution of his office;

(3) a suit concerning an act or order purporting to be done or made by any other officer of the Government in his official capacity, or by a Court of Wards, or by an Officer of a Court of Wards in the execution of his office;

(4) a suit for the possession of immovable property or for the r