| Citation(s) |
|---|
| 2015 SLG 1245 2015 SLD 1245 2015 PLJ 868 |
Supreme Court of Pakistan
C.As. Nos. 1194 to 1197 of 2014, decision Dated: 02.05.2015. Hearing Date : 11.05.2015. (On appeal from judgment of Peshawar High Court, Peshawar Dated 21.07.2014 passed in R.F.A. Nos. 6-P, 16-P/2014 & C.R. 105-P & 106-P/2014).
ANWAR ZAHEER, JAMALI, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, UMAR ATA BANDIAL, JUSTICE
Qazi Jawwad Ehsanullah, ASC for
Respondent No. 1, 3-7 (in C.As. No. 1194-1195 of 2014) and for
Respondents No. 3-6 (in C.As. No. 1196-1197 of 2014).
C.As. Nos. 1194 to 1197 of 2014, decision Dated: 02.05.2015. Hearing Date : 11.05.2015. (On appeal from judgment of Peshawar High Court, Peshawar Dated 21.07.2014 passed in R.F.A. Nos. 6-P, 16-P/2014 & C.R. 105-P & 106-P/2014).
ANWAR ZAHEER, JAMALI, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, UMAR ATA BANDIAL, JUSTICE
Qazi Jawwad Ehsanullah, ASC for
Respondent No. 1, 3-7 (in C.As. No. 1194-1195 of 2014) and for
Respondents No. 3-6 (in C.As. No. 1196-1197 of 2014).
ZAFEER GUL
VS
DR. RIAZ ALI & OTHERS
Law:
Section:
Civil Court Ordinance, 1962-- ----S. 18--Suit Valuation Act, 1887, Scope--Value of suit--Jurisdiction--Civil suit for partition in respect of property instituted before trial Court was valued at Rs. 230 for purpose of jurisdiction and Rs. 15 for purpose of Court fee--Such valuation disclosed in plaint was to be considered value of suit property for determining forum of appeal qua pecuniary jurisdiction of appellate Court. Civil Court Ordinance, 1962-- ----S. 18--Valuation of suit for partition and separate possession for purpose of pecuniary jurisdiction--Every co-sharer in immovable property is legally deemed to be in its joint possession to extent of his undivided share--Law permits him tentative valuation of his share in immovable property as specified in plaint for purpose of pecuniary jurisdiction, which is subject to final determination by Court; till then valuation shown in plaint is to be deemed as proper value of suit property for purpose of availing remedy of appeal qua determining forum of appeal. PLD 1961 SC 349, ref. THIS JUDGMENT DELIVERED BY: Anwar Zaheer Jamali, J.- These four connected appeals arise out of the common judgment dated 21.7.2014, passed by learned Single Judge in Chambers of the Peshawar High Court, Peshawar, in R.F.A. Nos. 6-P of 2014, 16-P of 2014, and C.R. Nos. 105-P of 2014 & 106-P of 2014. In these cases the order dated 16.12.2013, passed by the learned Additional District Judge, Peshawar, thereby ordering return of the memo. of two civil appeals, was challenged by the respondents on the ground that looking to the valuation of the suit in the plaint and the pecuniary jurisdiction of the Court of Additional District Judge, Peshawar at the time of filing Civil Appeals No. 58 of 2013 and 59 of 2013, on 5.10.2011, and in view of the relevant provisions of the Suit Valuation Act, 1887 and the Civil Courts Ordinance, 1962, such remedy was rightly availed. Therefore, the order for return of memo of appeals for its presentation before the concerned forum was uncalled for and illegal. 2. We have heard the arguments of the appellant in person and the respondents' learned ASC and have perused the case record, which reveals thatβ¦
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