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

Section: 18

West Pakistan Civil Courts Ordinance (11 of 1962) Ss. 18 [as amended by Punjab Civil Courts (Amendment) Ordi nance (XX of 1978), S. 2(h)] read with Suits Valuation Act (VII of 1887), S. 3 and High Court (Lahore) Rules and Orders, Vol. 1, Chap. 3-D-Appeal, forum of-Jurisdictional value-Land assessed to land revenue-Market value, held, cannot be jurisdictional value for determining forum of appeal-[Muhammad Siddiq v. Haji Ahmad & Co. P L L 1967 Kar. 468 held not applicable le. [Jurisdiction]. Date of hearing : 15th December, 1979.                                                                                                                          JUDGMENT The respondents filed a suit against the appellants to pre-empt the sale of land made in their favour through a registered sale deed dated 12th February 1977, in which the sale price was mentioned as Rs. 1,40,000. The suit was valued for the purpose of court-fee, on the basis of fifteen times of the net profit, of the suit land, for the year next before the date of presenting the plaint, in accordance with sec tion 7 (v)(a) of the Court Fees Act, as amended by section 8 of the Punjab Finance Act, 1973. Initially the plaint was stamped with Rs. 15 court fee stamp. However, by order dated 7th February 1978, the respondents were directed by the learned trial Court to make good the deficiency in the court-fee, according to the Schedule of the produce, before 19th March, 1978. This order was complied with and additional court-fee of Rs. 750 paid by them. It may be observed that the value of the suit for the purposes of jurisdiction of the Court, was not mentioned in the plaint. 2. Under the order dated 7th February 1978, the respondents were also required to deposit Rs. 28,000 as one-fifth of the value of the land, before 19th March, 1978. On 15th March 1978, they moved an application for permission to furnish…