Law: Civil Procedure Code (V of 1908)

Section: O.XLI,r.5(2),S.109,110

Law: Civil Procedure Code (V of 1908)

Section: O.XLI,r.5(2),S.109,110

Law: Constitution of Pakistan, 1973

Section: 185(2)(d)(e)

Civil Procedure Code (V of 1908)-------O. XLI, R. 5(2)---Constitution of Pakistan (1973), Art. 185(2)(d)(e)---Application for stay of execution of decree---Appeal to Supreme Court and High Court---Fixation of jurisdictional value---Supreme Court had divided the forum of appeal up to the level of High Court on the one hand and for the purposes of Supreme Court on the other hand---For the purposes of appeals up to the level of High Court the jurisdictional value fixed in the plaint, was the criteria to determine the forum of appeal, but for the purposes of appeal before the Supreme Court as a matter of right, provisions of Art.185(2)(d)&(e) of the Constitution, were the determining factors---Jurisdictional value of the suit would become irrelevant when the question of maintainability of an appeal before the Supreme Court was to be examined---Only thing which was to be checked was, as to what was the actual market value of the property in dispute at the time of institution of the suit and at the time of appeal before the Supreme Court---In the present case, the price of the land in dispute at the time of filing the suit and also at the time of hearing of the appeal was Rs.80,000---Appeal as a matter of right was competent in the High Court, in circumstances. PLD 1985 SC 393 and 2003 SCMR 875 ref. Syed Muhammad Ali Gillani for Appellants. Malik Sharif Ahmad and Chaudhry Abdul Sattar Goraya for Respondents. Mian Abbas Ahmad, Addl. A.-G. Muhammad Ameer Bhatti. ORDER MUHAMMAD KHALID ALVI, J.--- This is an application under Order XLI, rule 5(2), C.P.C. seeking stay of execution of decree passed by this Court vide judgment and decree dated 25-4-2008. 2. It is submitted that this Court has varied the judgment of the Court immediately below and the value of the subject-matter at the time of institution of the suit and also at the time of hearing of appeal was Rs.80,000 therefore, an appeal is competent before the Honourable Supreme Court as a matter of right. 3. Notice was issued on this application to the learned counsel for the appellants as well. Mian Abbas Ahmad, learned Additional Advocate General and Mr. Muhammad Ameer Bhatti, Advocate were also requested to…

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