Law:

Section:

(a) West Pakistan Civil Courts Ordinance (II of 1962)---S.18--Court Fees Act (VII of 1870), S.7---Suits Valuation Act (VII of 1887), S.8---Forum of appeal---Determination---Valuation for appellate forum had to be determined in view of S.18 of the West Pakistan Civil Courts Ordinance, 1962. PLD 1999 Quetta 36 rel. (b) West Pakistan Civil Courts Ordinance (II of 1962)-- ----S.18---Court Fees Act (VII of 1870), S.7(v)---Suits Valuation Act (VII of 1887), S.8---Constitution of Pakistan (1973), Art .185(3)---Supreme Court granted leave to appeal to consider, whether in a situation, when for the relief of partition, the suit had not been valued at all for purposes of jurisdiction or court-fee, the Court would be competent to make reference to any other proved document available on record, and if not so, whether Appellate Court had not travelled beyond its jurisdiction under S.18 of West Pakistan Civil Courts Ordinance, 1962. PLD 1999 Quetta 36 and 1999 SCMR 394 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against judgment, dated 19-10-2001 passed by-­High Court of Balochistan whereby order of Additional District Judge dated 14-3-2001 directing return of appeal filed by the petitioner for presentation before the competent forum because the subject-matter of the appeal was beyond the pecuniary jurisdiction of the Appellate Court was maintained 2. Precisely stating facts of the case for disposal of instant petition are that petitioner being legal heirs of Nazir Khan filed a suit for declaration, partition, possession and injunction against the respondents (legal heirs of Abdul Wahid Khan)' in respect of House No.2-33/26, Archer Road, Quetta. It may be noted that originally property, the subject-matter of dispute was allotted in the name of Nazir Khan by the Settlement and Rehabilitation Department but somehow his son Abdul Wahid Khan got the same transferred in his own name and during his lifetime he transferred House No.2-33/26 in favour of his wife Mst. Rahima Bibi whereas the shop bearing Khatooni No.218, Khewat No.270, Khasra No.171, measuring 170 square feet situated in Ward No.22 remained in his name. After death of…

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