Law:

Section:

(a) West Pakistan Civil Courts Ordinance (II of 1962)--- ----S. 18---Suits Valuation Act (VII of 1887), Preamble---Partition Act (IV of 1893), S.4---Suit for partition---Valuation of suit property---Appeal against order of civil judge---Pecuniary jurisdiction of the Appellate Court---Scope---Suit for partition in respect of disputed property, instituted before the Trial Court was valued at Rs.230 for purpose of jurisdiction and Rs.15 for the purpose of court fee, therefore in terms of S.18 of the West Pakistan Civil Courts Ordinance, 1962, such valuation disclosed in the plaint was to be considered the value of the suit property for determining the forum of appeal qua pecuniary jurisdiction of the Appellate Court. (b) West Pakistan Civil Courts Ordinance (II of 1962)--- ----S. 18---Suits Valuation Act (VII of 1887), Preamble---Partition Act (IV of 1893), S.4---Suit for partition and separate possession---Co-sharer in property---Appeal against order of civil judge---Pecuniary jurisdiction of the Appellate Court---Scope---Valuation of suit for purposes of determining jurisdiction of court---Every co-sharer in immovable property was legally deemed to be in its possession to the extent of his undivided share therefore, in a suit for partition and separate possession, law permitted the co-sharer tentative valuation of his share in the immovable property as specified in the plaint for the purpose of pecuniary jurisdiction, which was subject to final determination by the court---Till final determination by the court, the valuation shown in the plaint was to be deemed as proper value of the suit property for the purpose of availing the remedy of appeal qua determining the forum of appeal. Ajiruddin Moudal and another v. Rahman Fakir and others PLD 1961 SC 349 ref. JUDGMENT 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.As. Nos. 6-P of 2014, 16-P of 2014 and C.Rs. Nos. 105-P of 2014 and 106-P of 2014. In these cases the order dated 16-12-2013, passed by the learned Additional District Judge, Peshawar, thereby ordering return…

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