Case Details

Citation(s)
1997 SLG 896 1997 SLD 896 1997 CLC 2034
Lahore High Court
Civil Revision No. 158 of 1983/BWP, decision dated: 25-01-1995
MUNIR A. SHEIKH, MALIK MUHAMMAD QAYYUM AND RANA MUHAMMAD ARSHAD KHAN, JJ
Sh. Inayat Ali for Petitioners. Mian Abdus Sattar Najam, A.G., Punjab (on Courts call)

MUHAMMAD NAWAZ arid others

VS

RAHIM BUX

Law:

Section:

Suits Valuation Act (VII of 1887)-------S. 3---Court Fees Act (VII of 1870), 7(v)---Province of West Pakistan (Dissolution) Order (1 of 1970), Arts. 4 & 19---Rules framed by Punjab Government under S.3, Suits Valuation Act, 1887, for determining valuation of suits for purpose of jurisdiction falling under S. 7(v), Court Fees Act, 1870--­Applicability/non-applicability of such rules to areas forming part of former Bahawalpur State---Provision of Art. 19, Province of West Pakistan (Dissolution) Order, 1970, postulated that all existing laws as defined in explanation attached thereto, which had earlier been applicable to territories, forming part of West Pakistan Province, were to remain in force in territories of Provinces created in consequence of dissolution of West Pakistan Province, as they were applicable before---Rules framed by Provincial Government of Punjab under S.3, Suits Valuation Act, 1887, for determining of value of suits for purpose of jurisdiction for suits falling under S.7(v), Court.. Fees Act, 1870, were thus, applicable to areas of former Bahawalpur State now forming part of Province of Punjab. ---[Gullan v. Muhammad Ramzan and others PLD 1962 (W.P.) BJ 33 overruled]. Gullan v. Muhammad Ramzan and others PLD 1962 (W.P), BJ 33 overruled. JUDGMENT MUNIR A. SHEIKH, J.---The law point referred to us is as to whether the rules framed by the Punjab Government under section 3 of the Suits Valuation Act, 1887 for determining the valuation of suits for the purpose of jurisdiction falling under para. (v) of section 7 of the Court Fees Act, 1870 are applicable to the areas forming part of Former Bahawalpur State or not. The reference was necessitated because in the case of Gullan v. Muhammad Ramzan and others (PLD 1962 (W.P) Baghdad-ul-Jadid 33). A Division Bench of this Court declared in the light of section 10 of the Establishment of West Pakistan Act, 1955 that the said rules had no application to the areas of Former Bahawalpur State as they were not made applicable to the said areas and Former Bahawalpur State also did not frame any corresponding rules for the purposes. 2. In the view of learned Single Judge making the reference the rule laid…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492