Law:

Section:

(a) Special leave to appeal to Supreme Court------ ---Granted where law point involved required an authoritative decision by Supreme Court-[Scot for partition-Jurisdictional value of suit when plaintiff alleges joint possession -(East Pakistan case)]-Court Fees Act (VII of 1,370), Sch. II, Art. 17 (v-a)-Suits Valuation Act (VII of 1887)-Constitution of Pakistan (1956), Art. 160. (b) Stare decisis----- ----Principle-Application-[Jurisdictional value of partition suit where plaintiff" is -in joint possession]-Principle applied (Cornelius, C. J.)-Principle not applied (S. A. Rahman and Hamoodur Rahman, JJ.). (c) Suits Valuation Act (VII of 1887)------ ----S. 11-Partition suit by plaintiff, in joint possession-Value for jurisdiction-Plaintiff fixing at value of entire estate, High Court, holding that such value is value of plaintiff's share, returning Memorandum of appeal to be presented to District Court-Held (per Cornelius, C. J.) Supreme Court could make a direction under S. 11 even though no ground of appeal was taken in terms of that section. (b) Court Fees Act (VII of 1870)---- -----Sch. II, Art. 17 (v-a) read with S. 7 (vi-A) and with Suits Valuation Act (VII of 1887), Ss. 8 & 9-(East Pakistan cave)-Partition suit-Value for purposes of jurisdiction where plaintiff is in joint possession-Value of share of plaintiff (per majority: S. A. Rahman, Kaikaus and Hamoodur Rahman, JJ.)-Value of entire estate (per Cornelius, C. J.)-[Patak Chandara Haldar 9 D L R 190 and Khayertullah Mondal and others v. Kamala Kanta Saha and others P L D 1960 Dacca 565 approved (by majority) ; disapproved (by Cornelius, C. J.). Bai Shevantibai v. Janardhan Raghunath Warick 71 I A 142 distinguished (by S. A. Rahman, J.), ref. (by, Kaikaus, J.) ; Rajani Kanta Pal v. Raja Bala Dasi I L R 52 Cal. 125 considered (by Hamoodur Rahman, J.)] Held (by majority : S. A. Kahman, Kaikaus and Hamoodur Rahman, JJ.) that the value for jurisdictional purposes of a suit for partition is the value of the plaintiff's share in the joint property, where the plaintiff is in joint possession. [The above view was based mainly on the application of the principle that the value of suit for purposes of…

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