Law: Suits Valuation Act, 1887

Section: 11,11(1)(a)

Law: Suits Valuation Act, 1887

Section: 11,11(1)(a)

Suits Valuation Act (VII of 1887)-------S. 11---Specific Relief Act (I of 1877), Ss.8 & 42---Suit for declaration and possession---Objection to value of the suit for purposes of court-fee and jurisdiction---Suit was decreed by the Trial Court, but Appellate Court set aside the and decree of the Trial Court on the ground that Trial Court being a Civil Judge-III class, had no pecuniary jurisdiction to try and decide the suit the value whereof was Rs.6/7 Lacs---Case was referred for entrustment to a Civil Judge Ist class for fresh decision---Plaintiff had contended that no objection was taken to the jurisdiction of the Civil Judge-III class 'in the prescribed manner---No objection was taken by ' the defendant in the written statement to the pecuniary jurisdiction of the court in the Court of Civil Judge 1st class to which case was entrusted---Neither in the first appeal nor in the second appeal any objection was taken to the pecuniary jurisdiction of the Trial Court---No objection was taken at any stage in the Trial Court to the jurisdiction of the Civil Judge-III class and secondly no finding was recorded by the court of first appeal that there had been a failure of justice on merits of the case because of said defect---Impugned order passed by Appellate Court was without lawful authority and same could not be sustained---Impugned order was set aside with direction that District Judge would requisition the record and would decide appeal on its own merits. Rana Meraj Khalid for Petitioner. Tariq Muhammad Iqbal for Respondent. Date of hearing: 16th November, 2005. JUDGMENT MAULVI ANWARUL HAQ, J.--- On 6-12-1999 the petitioner filed a suit against the respondent. For the order 1, proposed to be passed in this case, I will not be referring to the pleaded facts in much detail. Suffice it to say that the suit was for declaration that the registered gift-deeds, mentioned in the plaint, and the mutations attested thereon are illegal and void. Possession was also sought. In para.7 of the plaint it was stated that the value of the suit for purposes of court-fee and jurisdiction is fixed at Rs.400. On 11-5-2000 the respondent filed a written statement, inter alia, it…

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