Law: West Pakistan Civil Courts Ordinance (II of 1962)

Section: 18

Law: West Pakistan Civil Courts Ordinance (II of 1962)

Section: 18

Law: Specific Relief Act, 1877

Section: 12

West Pakistan Civil Courts Ordinance (II of 1962)-------S. 18---Specific Relief Act (I of 1877), S.12---Pecuniary jurisdiction of Appellate Court---Suit for specific performance of agreement to sell immovable property---Determination of value of suit for purposes of jurisdiction and court-fee---Scope---Appeal of appellant against order dismissing their application to be impleaded as defendants, was returned on the ground that the Appellate Court did not have pecuniary jurisdiction to hear the appeal---Validity---Bare reading of plaint depicted that value for the purposes of court-fee and jurisdiction had been given as Rupees 1000 and for determining pecuniary jurisdiction of the court, only valuation clause of plaint had to be considered and forum of appeal was not to be determined on basis of valuation ascertained by Trial Court, both for the purposes of jurisdiction and payment of court-fee---Appellate Court was, in the present case, vested with the power of entertaining the appeal and had erroneously returned the same---High Court set aside impugned order of Appellate Court and remanded the case to Appellate Court. Muhammad Ayub and 4 others v. R.Obaidullah and 6 others 1999 SCMR 394 and Mehtab Khan and others v. Faiz Muhammad PLD 2003 Pesh. 46 ref. Haji Umar Daraz Khattak for Appellant. Asmatullah Khan for Respondents. Date of hearing: 7th February, 2013. JUDGMENT ROOH-UL-AMIN KHAN,J.---- Impugned herein is the judgment and decree of learned Civil Judge-III, Takht-e-Nasrati Karak, whereby consent decree was granted in favour of respondents Nos.1 to 4, against which present appellants filed appeal but the same was returned to them by the learned Appellate Court/Additional District Judge Karak at Takht-e-Nasrati vide order dated 17-4-2012. 2. The resume of facts forming the background of instant appeal is that plaintiffs-respondents filed a suit for specific performance of an agreement dated 22-2-2011 against the appellants-defendants alleging therein that they have purchased the suit property measuring 13 kanals and 15 marlas in lieu of sale consideration of Rs.11,00,000/- and that the defendants even after the receipt of sale consideration are reluctant to…

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