Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), S. 115---Plaintiffs declaratory suit dismissed for its defective form, limitation and non-joinder of necessary parties---Plaintiff's appeal against dismissal of suit was returned for presentation before proper Court---Plaintiff ultimately filed his appeal before High Court but same was sent back to lower Appellate Court for disposal as meanwhile its pecuniary jurisdiction stood enhanced---Appeal was dismissed by lower Appellate Court as time barred---Validity---Lower Appellate Court in first round of appeal had come to conclusion that value of suit for purposes of court-fee and jurisdiction was rupees four lacs and had returned memo of appeal for lack of jurisdiction---Plaintiff/appellant though had indicated in memo. of appeal rupees two hundred as the value for purpose of jurisdiction, yet the fact remained that lower Appellate Court had given a clear finding that value of suit for purpose of court-fee and jurisdiction was rupees four ]acs--­Office of High Court should not have sent back appeal to lower Appellate. Court after enhancement of pecuniary jurisdiction for it was still beyond that and should have been kept pending in High Court for decision, with all the relevant objections - regarding limitation etc.---Order passed by lower Appellate Court being without jurisdiction, same was set aside---First appeal filed before High Court would be deemed to be still pending in High Court. JUDGMENT This Civil Revision arose out of the following circumstances:-- House No.310 situated in Chur Harpal, Rawalpindi, was owned and possessed by Jalal Din. He was the paternal uncle of Muhammad Ashraf petitioner herein and maternal uncle of Mst. Skandar Jan respondent No.1 herein. Jalal Din allegedly made a will of the house on 2.5-2-1966 in favour of respondent No.1. He later died and respondent No.1 sold the house in favour of Muhammad Yasin respondent No.2. Having come to know about this transfer, the petitioner brought a declaratory suit, challenging the validity of the so-called will but his suit was dismissed on 29-9-1984 for the reason of its defective form, limitation, and non-joinder…

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