Law: Civil Procedure Code (V of 1908)

Section: O.IX,Rr.6,9,O.VII,R.2

Law: Civil Procedure Code (V of 1908)

Section: O.IX,Rr.6,9,O.VII,R.2

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

Section: 18

(a) Civil Procedure Code (V of 1908)-------O. IX, Rr. 6 & 9 & O.VII, R.2---West Pakistan Civil Courts Ordinance (II of 1962) S.18---Suit for recovery of money---Ex parte decree, setting aside of---Suit was decreed ex parte against defendants---Appellate Court allowed defendants application for setting aside ex parte decree---Contention of the plaintiff was that Appellate Court had wrongly held that the application for setting aside ex parte decree of the defendants was within time and assumption of jurisdiction by the Appellate Court was wrong as due to the quantum of the disputed amount, the forum of appeal was High Court---Validity---Supreme Court had determined the application of the defendants for setting aside the decree being within time---Value of the suit fixed in the plaint by the plaintiff was Rupees 9000 and therefore, the forum of appeal could be determined on the basis of said value and not on the value determined by the Trial Court---Order of the Appellate Court could not be interfered with---Revision was dismissed, in circumstances. Muhammad Ayub and 4 others v. Dr. Obaidullah and 6 others 1999 SCMR 394 and G.M. of Pak Ordnance Factory v. Messrs Premier Sugar Mills and Distillery Company, Mardan 2001 CLC 1260 rel. (b) West Pakistan Civil Courts Ordinance (II of 1962)--- ----S. 18---Pecuniary jurisdiction---Forum of appeal---Determination---Matter of pecuniary jurisdiction was to be determined on the basis of value of suit as mentioned in the plaint and not on the basis of value fixed with reference to the disputed amount / value determined by the Trial Court. Muhammad Ayub and 4 others v. Dr. Obaidullah and 6 others 1999 SCMR 394 and G.M. of Pak Ordnance Factory v. Messrs Premier Sugar Mills and Distillery Company, Mardan 2001 CLC 1260 rel. Noorul Hakam for Petitioner. Lal Jan Khattak, Addl. A.-G. for Respondents. Date of hearing: 7th May, 2012. JUDGMENT ATTAULLAH KHAN, J.--- This revision petition is directed against the judgment and order dated 9-10-2010 whereby learned District Judge, Mardan while accepting appeal of the respondents remanded the case to the learned trial Court for proceeding with the case afresh by summoning the…

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