Decree passed by court lacking territorial or pecuniary jurisdiction whether becomes void?

Distinction between Territorial/Pecuniary and Inherent – 

Lacking of

50. The law on the point of lack of inherent jurisdiction 

on one hand and the lack of territorial or pecuniary jurisdiction on 

the other hand, can be summarized as under :

(i) A decree passed by the Court lacking 

territorial or pecuniary jurisdiction does not 

automatically become void; at the most it becomes 

voidable, in the sense that it could be challenged in 

an appeal or revision on limited grounds.

(ii) A decree passed by a Court with lack of 

inherent jurisdiction becomes null and void in law 

and its validity can be set up whether and 

whenever it is sought to be enforced or relied upon 

– be it at the stage of execution or even in the 

collateral proceedings.

(iii) The factors, like waiver, acquiescence, 



consent, estoppel, etc., are not at all relevant in the 

case of a decree passed by a Court with lack of 

inherent jurisdiction; whereas, these factors are 

relevant where a decree is passed by a Court with 

lack of pecuniary and territorial jurisdiction.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.722 OF 2013
WITH
WRIT PETITION NO.5775 OF 2012
AND
CIVIL REVISION APPLICATION NO.482 OF 2012
WRIT PETITION NO.722 OF 2013

Walchandnagar Industries Limited,

Versus
1. Indraprastha Developers,

Date of Pronouncing the Judgment : 25-9-2013
Citation;2014(2) ALLMR 550

Link to the judgement is : http://bit.ly/1i4ougF

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