Law:

Section:

Limitation Act, 1908 (IX of 1908)- ----S. 5--Civil Procedure Code, (V of 1908) S. 96--Condonation of delay--Mentioning of wrong valuation in decree sheet--Legality--Effect--Appeal was filed on the basis of decree sheet in District Court instead of High Court--Delay condoned--An appeal lies against the decree which in the case in hand, contained valuation for the purposes of jurisdiction as Rs. 24,000/- keeping in view such valuation which though was incorrectly mentioned on the decree sheet, out of inadvertence yet misled the respondent and his counsel to file the appeal before District Judge instead of High Court. [P. 209] A Act of Court-- ----No litigant should suffer of act/omission of the Court and he having no participation to incorrect mentioning of valuation on the decree sheet, could not be punished by throwing its appeal as barred by limitation. Order Instant civil revision assailed the judgment/decrees dated 14.3.2006 passed by the learned Additional District Judge, Mandi Baha-ud-Din whereby delay in filing appeal by the respondent was condoned. 2. Succinctly, relevant facts are that the respondent filed suit for possession through pre-emption against the sale of land measuring 93 kanals 10 marlas claiming himself to be a "Shafi Sharik" and "Shafi Khalit". he respondent had asserted, due performance of all "Talbs" envisaged by Section 13 of the Punjab Pre-emption Act 1991 on gaining of knowledge of sale. Respondent's suit was contested by the petitioners being vendees of the suit land which was ultimately dismissed by the trial Court vide judgment/decree dated 13.1.1999. 3. Respondent being aggrieved of the decision of his suit, filed an appeal before the learned District Judge Mandi Baha-ud-Din on 11.2.1999, which was initially entertained but was returned on 28.6.2000 on the ground that valuation of the suit for the purposes of jurisdiction was Rs. 2,16,347/- being beyond pecuniary jurisdiction of the District Court respondent after getting certified copy of the application moved by him for amendment of the plaint and that of memorandum of appeal filed RFA before this Court on 4.7.2000. Respondent was supplied certified copies of his application and…

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