| Citation(s) |
|---|
| 2016 SLG 3016 2016 SLD 3016 2016 CLC 1164 |
Lahore High Court
IBAD-UR-REHMAN LODHI, J
Syed Asghar Hussain Sabzwari for Petitioners. Sardar Abdul Raziq Khan for
Respondent.
IBAD-UR-REHMAN LODHI, J
Syed Asghar Hussain Sabzwari for Petitioners. Sardar Abdul Raziq Khan for
Respondent.
GHULAM SAKINA and another..........
VS
Mst. MUMTAZ BEGUM......---Respondent
Law:
Section:
(a) Civil Procedure Code (V of 1908).......... ..........-Sections 21 & 99..........Suits Valuation Act (VII of 1887), S.11..........Punjab Civil Courts Ordinance (II of 1962), S. 9..........Decree passed by a court having no jurisdiction..........Objection to jurisdiction.........."Prejudice"..........Scope..........Civil Judge Class-II passed a decree in a suit having value for the purpose of jurisdiction as Rs.12,00,000/..........Validity..........When a suit had been tried by a court on merits and was delivered, it should not be reversed on technical ground unless it had caused failure of justice..........Objections to jurisdiction both territorial and pecuniary should be treated as technical unless it had resulted in prejudice on the merits..........Civil Judges of Class-II were competent to exercise jurisdiction in original civil suit or proceedings wherein the subject-matter in amount or value did not exceed Rs.50,000/..........Civil Judge Class-II on 23-10-1994 had no jurisdiction to pass a decree in the suit, the value of which was determined at the rate of Rs.12,00,000/..........Court should consider whether any disadvantage was caused on account of any bias..........Appellate Court had not given any findings with regard to value of suit for the purpose of jurisdiction..........Defendants had been prejudiced both at trial stage as well as at first appellate stage..........Judgments and decrees passed by both the courts below were not sustainable which were set aside..........Case was remanded to the Civil Judge Class-I for proceedings in accordance with law..........Revision was allowed in circumstances. Muhammad Hussain and another v. Muhammad Shafi and others 2004 SCMR 1947; Malik Fida Mohammad and another v. Haji Ahmad and another 2001 YLR 1859 and Rehmat Khan v. Muhammad Shafi PLD 1981 Lah. 759 rel. (b) Punjab Civil Courts Ordinance (II of 1962).......... .......... Section 9..........Civil Judges, classification of..........Object..........Object for classification of Civil Judges was that the suit having more pecuniary jurisdiction should be attended by the Civil Judge having rich experience. (c) Words and phrases..........…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492