Section 99: No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction

Questions on this section

2 questions in 9 of our papers cite Section 99. Try these from the free papers:

1. 1. Consider the following statements: 1. No decree shall be reversed or substantially varied in appeal on account of a misjoinder of parties that does not affect the merits of the case or the jurisdiction of the Court. 2. Section 99 CPC saves a decree from reversal even where a necessary party has not been joined. 3. An order under Section 47 CPC shall not be reversed or substantially varied for an error, defect or irregularity in the proceeding unless it has prejudicially affected the decision of the case. Which of the statements given above is/are correct?

   A.1 and 2 onlyB.1 and 3 onlyC.2 and 3 onlyD.1, 2 and 3
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2. 2. A suit was decided by a trial court. The defendant did not object to the valuation in the trial court. In the first appeal, he argues for the first time that the suit was undervalued, so the trial court lacked pecuniary jurisdiction. The appellate court is not satisfied that the undervaluation prejudicially affected the disposal of the suit on its merits. Under Section 49 of the Rajasthan Court Fees and Suits Valuation Act, 1961:

   A.The objection must be upheld and the decree set aside as a nullityB.The objection may be entertained if the defendant pays a penaltyC.The objection shall not be entertained by the appellate courtD.The objection must be upheld and the suit remanded to the proper court
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