Law:

Section:

(a) Court Fees Act (VII of 1870)-----S. 7(v)(e) & (vi)--Punjab Pre-emption Act (I) of 1913), Ss. 4 & 21--Suits Valuation Act (VII of 1887), S. 3--Value given in the plaint for purposes of jurisdiction and court-fee also determines the forum of appeal.--[Appeal (civil)]. Ilahi Bakhsh v. Bilquis Begum P L D 1985 S C 393 ref. (b) Civil Procedure Code (V of 1908)-- --S. 102--Constitution of Pakistan (1973), Art. 185-High normally allows conversion of a second appeal into a revision but in certain circumstances it can refuse such permission in exercise of its judicial discretion--Where the High Court had indicated reasons for refusing to exercise its discretion to allow conversi3n of second appeal to a revision and view taken by the High Court was not fanciful, arbitrary, perverse or capricious, Supreme Court declined interference in the matter. Karamat Hussain v. Muhammad Zaman and others P L D 1987 SC 139 ref. JUDGMENT NASIM HASAN SHAH, J.--In this case the plaintiff had valued his suit for declaration and issuance of a perpetual injunction as consequential relief for process of jurisdiction and court-fee at Rs.5. His suit was decreed but this decree was challenged by the defendant by filing an appeal before the Additional District Judge but without success. He then filed an appeal in the High Court against the judgment passed by the learned Additional District Judge. Since, however, the value given in the plaint for purposes of jurisdiction and court-fee (Rs.5 only) also determined the forum of appeal (vide Ilahi Bakhsh v. Bilquis Begum P L D 1985 SC 393), the second appeal was not maintainable on account of the provisions of clause (b) of section 102 of the Code of Civil Procedure. An objection was also raised by the respondent to the maintainability of the second appeal whereupon the learned counsel for the appellant sought time to study this point and when the case came up for hearing again before the High Court, on the adjourned date of hearing, he attempted to justify his action in filing the second appeal. However, after the…

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