Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 115--- Revision--- Limitation---Defendant objected to the revision filed by the plaintiff against the order of the Appellate Court on the ground that the revision was time-barred---Validity---Plaintiff had applied for a certified copy of the dated 25-6-2002 on the same day, and the certified copy was delivered to the petitioner on 3-7-2002---Second proviso to S.115 of the C.P.C. had provided that a copy of the passed by the subordinate court had to be supplied to the plaintiff by the court itself within three days of the passing of the ---Objection of limitation had been raised by the defendant and it was obligatory for the defendant to establish that the certified copy of impugned was delivered within three days to the plaintiff in order to enable him to prefer the revision before the High Court within ninety days---No documentary proof of such fact had been produced by the defendant, therefore, presumption was that the Appellate Court did not supply such certified copy to the plaintiff in order to enable him to prefer revision before the High Court within ninety days of 25-6-2002---Objection of defendant was not sustainable---Revision was to be treated as within time. (b) West Pakistan Civil Courts Ordinance (II of 1962)--- ----S. 18 [as amended]---Pecuniary jurisdiction of Appellate Court---Appeal of plaintiff against order of Trial Court was dismissed on the ground that the Appellate Court did not have pecuniary jurisdiction to hear the appeal---Contention of plaintiff was that by virtue of amendments in the West Pakistan Civil Courts Ordinance, 1962 by Punjab Civil Courts Ordinance (Amendment) Act, 1986 and Punjab Civil Courts (Amendment) Ordinance, 2002 ; the jurisdiction of Appellate Court had been enhanced to Rupees 25,00,000 and accordingly the Appellate Court be ordered to decide the appeal on merits---Validity---Valuation for the purposes of pecuniary jurisdiction of Appellate Court had been enhanced from Rupees 200,000 to Rupees 25,00,000 by virtue of Punjab Civil Courts (Amendment) Ordinance, 2002, and as the valuation of the Appellate Court had been enhanced to Rupees 25,00,000 and as matter of…

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