Law: Civil Procedure Code, 1908

Section: 115

PLJ 2015 Peshawar 220 Present: Abdul Latif Khan, J. Adverse Possession-- ----Scope of--Claim ownership of property on basis of long standing possession for more than 100 years--Such plea was not supported by any documentary or oral evidence--Column of lagaan--Possession without any payment as adverse possessor--Validity--On plea of adverse possession no title can be claimed as same has already been declared as against injunctions of Islam--Failed to prove their ownership, adverse possession or status of tenant at will--Petition was dismissed.                                                                     [P. 222] A Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Court fee--Scope--Adverse possession--Owner by dint of mutation--Right from misle haqiat upto current jamabandi--Failed to assess and mention amount for purpose of Court fee and jurisdiction of Court--Objection was raised at revisional stage--Validity--No specific objection was raised nor same had been agitated at any stage in trial and even before appellate forum--Petitioner had to take objection at earliest possible moment--Petition was dismissed.   [P. 222] B Negligence of Counsel-- ----Value for purpose of Court fee, mentioned as maaf hai--Purpose of jurisdiction--Validity--Parties would not be penalized for negligence on part of his counsel--It was also duty of ministerial staff of Court to look into matter on date of institution of suit whether documents produced were properly stamped.    [P. 222] C Court Fees Act, 1870 (VII of 1870)-- ----Scope of--Taxing statute--Basic object was to secure revenue for benefit of state and not to injure party/litigant on account of technicalities and instead chance would be given likely to make-up deficiency on payment of Court…