Law:

Section:

Court Fees Act (VII of 1870)--- ----S.7---Suits Valuation Act (VII of 1887), S.8---Punjab Pre-emption Act (IX of 1991), S.5---Suit for pre-emption was decreed by Trial Court but said decree was set aside by Appellate Court and the case was remanded; on the ground that non-framing of issue with regard to the valuation of the suit was a material irregu­larity committed by the Trial Court---Validity---Plaintiff had, without care or caution, fixed the value of the suit for the purpose of court fee and jurisdiction which was against law---Remand of a case had not been prohibited in exceptional cases to promote the cause of justice, and the plaintiff had been given full opportunity to fill in the lacuna---Remand order of the Appellate Court was passed to promote cause of justice as correct fixation of value of the suit would not only be helpful to the court but also for the determination for the forum of appeal---Revision was dismissed. Mst. Sughra Bibi alias Mehran Bibi v. Asghar Khan and another 1988 SCMR 4; Fazal Muhammad Bhatti and another v. Mst. Saeeda Akhtar and 2 others 1993 SCMR 2018; Kaura and others v. Allah Ditta and others 2000 CLC 1018; Qazi Shamsur Rehman and another v. Mst. Chaman Dasta and others 2004 SCMR 1798 and Chairman WAPDA Lahore and another v. Gulbat Khan 1996 SCMR 230 distinguished. Khandan v. Mst. Qamar-un-Nisa and others 2007 SCMR 551; Mst. Rasheeda Bibi and others v. Mukhtar Ahmed and others 2008 SCMR 1384; Mst. Rasheeda Bibi and others v. Mukhtar Ahmad and others 2008 SCMR 1384 and Munawar Hussain and 2 others v. Sultana Ahmad 2005 SCMR 1388 ref. JUDGMENT AMIN-UD-DIN KHAN, J.--Through this civil revision the petitioners have challenged the judgment-remand order dated 2-5-2011 passed by the learned Additional District Judge, Sargodha. 2. Brief facts of the case are that the plaintiffs-petitioners on 17-12-2005 filed a suit to pre-empt the sale of land measuring 64 kanal in favour of the defendants respondents through Mutation No.552 sanctioned on 15-9-2005. In Para No.7 of the plaint the plaintiffs-petitioners stated that the value of the suit for the purpose of court, fee and jurisdiction is Rs.1600 as per net profit of the suit property…

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