Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration and permanent injunction---Ascertainment of pecuniary jurisdiction of Appellate Court---Plaintiffs, had filed suit for possession of the suit vehicle and payment of Rs.500 pendency as rent of the same w.e.f. 1-1-1988 till return of the suit vehicle---Plaintiffs had further prayed for permanent injunction against registration of the suit vehicle in the name of defendant or against the cancellation of registration of suit vehicle in the name of father of plaintiffs---Plaintiffs had fixed the valuation of the suit for the purpose of court-fee and jurisdiction as Rs.10,000 only two defendants contested the suit, and Trial Court proceeded ex parte against the rest of the defendants---Validity---Only question required to be answered first was the ascertainment of pecuniary jurisdiction of Appellate Court to hear appeal---Plaintiffs, had specifically ascertained value of appeal for the purpose of court-fee and jurisdiction as Rs.2,50,000; with assertion that if decree was granted in favour of the plaintiff, then the value for the purpose of jurisdiction of the court would exceed Rs.2,50,000---Plaintiffs/ appellants, in circumstances, had filed appeal on mere assumption of valuation of suit amount---Appeal had been filed by the plaintiffs/appellants, on misconception of relevant law; as neither a decree-exceeding Rs.2,50,000 had been passed in favour of the plaintiffs; nor appellants/plaintiffs had fixed that amount as value of the suit in the plaint---Office of the court should not have received appeal---Office was directed by Chief Court for returning of memorandum of appeal to the appellants enabling them to present the same before court of competent jurisdiction. THIS ORDER PASSED BY: MUHAMMAD ALAM, JUSTICE:----------- Through this civil first appeal, appellants have called in question the judgment/decree dated 30-06-2009, passed by the learned Administrative Civil Judge Gilgit, in Civil Suit No.80/2003. Through impugned order, the learned trial court dismissed the suit with costs. 2. Appellants/plaintiffs filed the suit for possession of the suit vehicle and payment of Rs.500/- per day…

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