Case Details

Citation(s)
2001 SLG 1466 2001 SLD 1466 2001 SCMR 1258
Supreme Court of Pakistan
Civil Petition No. 223-Q of 1999, decision dated: 4-08-2000
MUHAMMAD BASHIR, JEHANGIRI AND IFTIKHAR MUHAMMAD CHAUDHRY, JJ
Basharatullah, Senior Advocate Supreme Court and Mehra K.N. Kohli, Advocate-on-Record for Petitioner. Nemo for
Respondents

MUHAMMAD NASEER and others

VS

MUSTAFA and others

Law:

Section:

(a) Civil Procedure. Code (V of 1908) Ss. 6 & 15Suit, institution ofPecuniary jurisdiction of Court­ScopeWhere during pendency of suit, the value of subjectmatter was found to be more than pecuniary jurisdiction of the Court trying the suit, such Court would not be deprived from its pecuniary jurisdiction under S.6 of C.P.C. to try the suit. Bidyadhar Bachar and others v. Manindra Nath Das an others AIR 1925 Cal. 1076; Mt. Urehan Kuer v. Mt. Kabutri AIR 1934 Pat. 204; A.K.A.C.T.V. Chidambaram Chethiar v'. A.L.P.R.S. Muthia Chettiar AIR 1937 Rang. 320 and Mahmood Akhtar and another v. Ch. Muhammad Hussain Naqshbandi, Additional District Judge, Rawalpindi and another 1986 CLC 1451 ref. (b) Balochistan Civil Disputes (Shariat Application) Regulation, 1979 S.4Civil Procedure Code (V of 1908), Ss. 6 & 15Constitution of Pakistan (1973), Art. 185 (3)Pecuniary jurisdictionConcurrent findings of fact by the Courts belowSuit filed by the -Petitioner was dismissed by Trial Court and Lower Appellate Court dismissed the appealRevision filed by the -Petitioner was also dismissed by High CourtContention of the -Petitioner was that the value of the suit was more than the pecuniary jurisdiction of Trial Court, hence, the Court was not competent to try the caseValidity-Petitioner lost the case on merits before Trial Court and Lower Appellate Court as well as before the High Court, therefore, they could not be allowed to turn around and take the plea of pecuniary jurisdictionSupreme Court declined to interfere in the concurrent findings of fact by the Courts belowLeave to appeal was refused. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, J. -Petitioners seek leave 'to appeal against the judgment dated 1st March, -1999 passed by learned High Court of Balochistan in Civil Revision No.80 of 1998 whereby while dismissing the petition the orders/decrees of the trial and appellate Courts respectively dated 20121997 and 2721998 were maintained. 2. Precisely stating the facts giving rise to instant petition are that on 10101996 the -Petitioners filed a suit with the prayer that they may be declared owners of the unsettled (unmeasured) lands boundaries whereof were mentioned in the plaint…
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