Law: Specific Relief Act, 1877

Section: 42,54

Law: West Pakistan Civil Courts Ordinance, (II of 1962)

Section: 18

Law: Civil Procedure Code (V of 1908)

Section: 115

Specific Relief Act (I of 1877)--- ----Ss.42 54---West Pakistan Civil Courts Ordinance (II of 1962), S.18---Civil Procedure Code (V of 1908), O.VII, R.(1)(i) S.115---Suit for declaration and injunction---Valuation of suit---Determination---Facts in written statement---Pecuniary jurisdiction of Lower Appellate Court---Suit filed by respondent-plaintiff was dismissed by Trial Court and appeal was pending before Lower Appellate Courts-defendants objected to pecuniary jurisdiction of Lower Appellate Court which objection was dismissed---Plea raised by petitioners-defendants was that they had claimed in their written statement that they had made improvements on suit land by spending huge amount---Validity---Mere claiming of an amount, framing of an issue and proving of which by petitioners/defendants before Trial Court did not bar pecuniary jurisdiction of Lower Appellate Court---Forum of appeal was to be determined in view of valuation clause in plaint and not on the basis of valuation ascertained by Trial Court---Lower Appellate Court had inherent powers to entertain the matter and had rightly exercised jurisdiction vested in it---Chief Court declined to interfere in the order passed by Lower Appellate Court---Revision was dismissed, in circumstances. 1999 MLD 985; 1979 CLC 578; 2003 PLD (Pesh.) 46 and 1999 SCMR 394 ref. JUDGMENT MALIK HAQ NAWAZ, CJ.---- Through the instant Civil Revision Petition, Petitioners/ Defendants Nos.1, 6, 7 and 8 have challenged the validity of Order dated 05-04-2019 passed by learned Additional District Judge Gilgit in Civil First Appeal No. 54/ 2019, whereby the learned First Appellate Court was pleased to turn down the objection raised by the learned counsel for the Petitioners/Defendants Nos.1, 6, 7 and 8. 2. Brief facts of the case leading to filing of this Civil Revision Petition are that Plaintiffs had instituted a Civil Suit before the learned Civil Court against the Defendants on 10-8-2006 for declaration along with consequential relief to the effect that Plaintiffs being legal heirs and Sharai owners of suit land measuring 11 Kanals and 5 Marlas situated at Danyore entered in Khasra No. 389 Old Khewat Nos. 271/164/151, Khata…

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