Law: Civil Procedure Code (V of 1908)

Section: 102

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

Section: 18

Civil Procedure Code (V of 1908)   S. 102 read with West Pakistan Civil Courts Ordinance (II of 1962), S. 18-Second appeal-Jurisdictional value of first appeal preferred by appellants fixed at Rs. 20J keeping in view value of original suit. Appellants, held, cannot contend at stage of second appeal that value of subject-matter of original suit was not Rs. 200 but more than Rs. 50,000 especially when jurisdictional value of second appeal was also given as Rs. 200.-[Second appeal-Jurisdiction].     Date of hearing : 18th March, 1981.                                                                                                                  JUDGMENT   This Regular Second Appeal has arisen out of a suit for permanent injunction brought by the appellants, Mst. Husan Ara Begum and another. While resisting this appeal, it was contended by learned counsel for respondent No. 1, Mst. Amir Begum, hereinafter referred to as the respondent, that the appeal was not competent. It was urged by him that since the jurisdictional value of the second appeal, as fixed by the appellants, was Rs. 200 the appeal was not competent under section 102 of the Code of Civil Procedure.   2. In reply, it was submitted by learned counsel for the appellants that market value of the property involved in this case was more than Rs. 50,000 and since that amount was value of the subject-matter of the original suit, the appellants were justified in filing the second appeal in hand,   3. Admittedly, the jurisdictional value of the first appeal preferred by the appellants was also fixed by the appellants at Rs. 200. According to section 18 of the West…