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Solaiman (Md.) Vs. Ruma Akter, Head Mistress, Khash Hawla Govt. Primary School, Bhairab, Kishoregonj and others, 2013, 42 CLC (HCD)

Civil Courts (Amendment) Act, 2001; Section 21 & 21(1)

Jurisdiction of a District Judge to Entertain and Hear Appeals—

Sub-section (1) of section 21 of the Act invests a District Judge with the jurisdiction to entertain and hear appeals. It lays down that an appeal from a decree or order of a Joint District Judge shall lie to the District Judge where the value of the original suit in which or in proceedings arising out of which the decree or order was made does not exceed Taka 5,50,000 and to the High Court Division in any other case….. ...... (13)

Lacking of Inherent Jurisdiction— Court Got No Jurisdiction, Everything Shall Fall Through— Where an order or judgment is passed by a Court which lacked inherent jurisdiction in the sense that it had no competence to entertain and hear the case, the order is a nullity and no amount of consent of the parties or mere mis­take of the parties can confer validity to the same. Jurisdiction of a Court goes to the very root of the matter brought before it, and if the Court got no jurisdiction, everything shall fall through.

In the instant case the petitioner went for the hearing of the appeal without raising any objection as to the pecu­niary jurisdiction of the District Judge but the objection in this case being apparent on the face of the memo of appeal and there being an inherent incompetence in the District Judge to even entertain the appeal, an omission on the part of the petitioner to take exception to his jurisdiction could not legalise the acts of the District Judge. . . .(22, 24 & 23)