When a court proceeds with a case despite lacking pecuniary jurisdiction, the affected party should immediately raise a formal objection under Section 21(2) of the Code of Civil Procedure, 1908, preferably before the framing of issues, and ensure the objection is recorded in writing to preserve the right of challenge. If the court continues regardless, the party may seek a transfer or revision under Section 24 or Section 115 CPC before a higher court. Should the court ultimately pass a judgment, the decree is voidable—not automatically void—and can be challenged in appeal under Section 96 CPC on grounds that it was issued without legal authority (coram non judice). Key appellate arguments include violation of Section 6 CPC (lack of pecuniary competence), improper assumption of jurisdiction despite timely objection, and failure of justice resulting from the defect. If the appellate court agrees, it may set aside the decree and remand the case to the court with proper pecuniary jurisdiction for a lawful rehearing.
