Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)-------Ss. 21 & 25---Suit for pre-emption ---Valuation of suit for purposes of jurisdiction---Value of suit for land for purpose of jurisdiction of Court was thirty times of land revenue to which such suit land was assessed. (b) Punjab Pre-emption Act (I of 1913)--- ----Ss. 21 & 25---Suit for pre-emption ---Value of suit for purpose of court-fee and jurisdiction---Maxim "Actus curiae nominem gravabit" (an act' of Court shall cause no wrong to party) ---Applicability---Pre-emptor on direction of Court amended valuation for purposes of court-fee as well as jurisdiction of Court ---Pre-emptor could not be made to suffer for wrong committed by Court in light of maxim "Actus curiae neminem gravabit". Ellahi Bukhsh v. Bilquees Begum PLD 1985 SC 393; Sherin and 4 others v. Fazal Muhammad and 4 others 1995 SCMR 584 and Rodger v. The Comptoir d' Escompte de Paris (1871) 3 PC 465 ref. JUDGMENT The appellants purchased land measuring 51 Kanals, 4 Marias5 situated in Chak No.213/GB, Tehsil Samundri, District Faisalabad, vide Mutation No.483 attested on 23-3-1973. The respondent claiming to be the collateral of the vendors filed a suit on 12-3-1974 for possession of the said land by pre-emption. in para. 9 of the plaint it was stated that value of jurisdiction is fixed at Rs.1,262.40 being 30 times of the land revenue to which land is assessed. For purposes of court-fee the value was fixed at Rs.1,300 with a note that the deficiency, if any, will be made out as and when directed by the Court. This suit was put up before a learned Civil Judge on 14-3-1974 who summoned the appellants for 11-4-1974. It appears that on 10-9-1974 the learned Civil Judge passed an order observing that the court-fee has not been correctly paid. He was of the opinion that the court­fee payable is either 15 times of the net profits for the year preceding the suit or on the market value of the land. Since the plaint does not disclose the amount of net profits, therefore, .he is fixing the value for purposes of court­fee at Rs.42,000. This order was passed in presence of the learned counsel for the respondent and appellants. He directed the respondent to…

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