Law: Court-fees Act (VII of 1870)

Section: 7(v)(c)

Law: Pre-emption Act (1 of 1913)

Section: 21

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

Section: 18(l)(a), 2(b)

Law: Civil Procedure Code (V of 1908)

Section: O.VII, r.2

Law: Suits Valuation Act (V11 of 1887)

Section: 3

(a) Court Fees Act (VII of 1870) S. 7, para. (v), cl. (c) -Pre-emption suit-Court-fees-Not to be computed on basis of market value of land but on fifteen times the net profits arising during year next before date of presentation of plaint-Punjab Pre-emption Act (I of 1913), S. 21.-[Pre-emption]. A pre-emption suit is one for possession of land. The value of the suit for possession through pre-emption for the purposes of court-fee is deter mined under section 7, paragraph (vi) of the Court Fees Act (VII of 1870) and it is the same as it is for suits covered by paragraph (v) of the same section of that Act for possession of land. The value of the suit for the purpose of court-fee was fixed under clause (c) of paragraph (v) of section 7 on fifteen times the net profits having arisen from the land during the year next before the date of presenting the plaint. The court-fee in such a suit is not to be computed or calculated on the basis of its market value. (b) West Pakistan Civil Courts Ordinance (Il of 1962) S. 18(l)(a) read with S. 2(b) -Appeal, forum of-To be decided according to value of suit-Amount of decree passed-Not relevant consideration-Punjab Pre-emption Act (I of 1913), S. 21.-[Pre-emp tion-Appeal (civil)]. The important thing to be noted is "value of the original suit" occurring in section 18(1)(a). Value is defined in clause (h) of section 2 of the Ordi nance as " 'Value' used with reference to a suit means the amount or value of the subject-matter of the suit". It is manifest that the forum of appeal is to be decided according to the value of the suit. It means that irrespective of what may be the amount for which decree is passed, the appeal will lie in the Court according to the value of the suit. (c) Court Fees Act (VII of 1870) S. 7, para. ((iv)-Civil Procedure Code (V of 1908), O. VII, r. 2 Suits Valuation Act (VII of 1887), S. 3-Jurisdiction-Pre-emption suits-Suits for accounts-Basis of valuation-Different-View that value of pre-emption suits fixed according to provisions of Suits Valua tion Act, 1887, is tentative, as in account suits, and Court finding value of property exceeding its pecuniary jurisdiction ceases…