Law:

Section:

(a) West Pakistan Civil Courts Ordinance (II of 1962)-------S. 18(1)(a)---Appellate forum, determination of---Valuation of the suit as stated in the plaint was relevant and not the decretal amount, for determination of the appellate forum. Muhammad Ayub and 4 others v. Dr. Obaidullah and 6 others 1999 SCMR 394; Sadar Din v. Elahi Bakhsh and another PLD 1976 Lah. 1; Muhammad Nawaz v. Sher Muhammad PLJ 1987 SC 262 and Ilahi Bakhsh and others v. Mst. Bilqees Begum PLD 1985 SC 393 ref. (b) Appeal (civil)--- ---- Forum of appeal, changing of---Effect---Change of forum of appeal does not in any way impair any vested right of the party. Adnan Afzal v. Sher Afzal PLD 1969 SC 167; Daraz Ali and others v. Nathu Khan 1982 CLC 2399 and Bashir v. Wazir Ali 1987 SCMR 978 ref. (c) Civil Procedure Code (V of 1908)--- ----S. 96---West Pakistan Civil Courts Ordinance (II of 1962), S.18(1)(a)--­Appeal, forum of---Suit for recovery of money was valued at Rs.1,38,869.13 whereas decree was passed for a sum of Rs.11,15,941.44---Appeal was filed before High Court---Validity---Where value' of the original suit was Rs.1,38,869.13 and the same did not exceed Rs.2,00,000 appeal was not competent before High Court---Appeal was returned for prosecution before the proper forum in circumstances. JUDGMENT SYED ZAHID HUSSAIN, J.--- A suit for recovery of Rs.1,38,869 was filed by Muhammad Umar Khan, deceased, now represented by the respondents, in the year 1958. On contest by the appellant/defendant and due trial the said suit was decreed on 29-6-1998 for a sum of Rs.11,15,941.44. The decree-sheet originally stated the amount of Rs.1,38,869.13, however, later on, this amount was substituted by the aforesaid amount. This appeal has been filed before this Court against the same. There were. some proceedings on certain miscellaneous applications regarding deposit of decretal amount etc. reference to which need not be made in the present context. An application (Civil Miscellaneous No.3-C of 1999) on behalf of the respondents under section 151 read with section 18 of the Civil Courts Ordinance, 1962 was moved with a view to dismiss/return the memorandum of appeal to the appellant in view of the…

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