| Case ID |
10076ead-3498-4939-bfb4-35c6f5a6995c |
| Body |
View case body. Login to View |
| Case Number |
Regular Second Appeal No. 609 of 1980 |
| Decision Date |
May 11, 1981 |
| Hearing Date |
|
| Decision |
The Lahore High Court found that the Civil Judge 2nd Class lacked jurisdiction to decide the suit on its merits due to an incorrect valuation of the property in dispute. Initially, the valuation was set at Rs. 15,000 by the respondent, but upon objection, it was determined to be Rs. 20,000. The court ruled that the learned Civil Judge had exceeded his pecuniary jurisdiction, thus rendering his judgment void. The appeal was accepted, and the case was remanded to the Senior Civil Judge for a fresh decision on the merits. |
| Summary |
In the landmark case of Regular Second Appeal No. 609 of 1980, the Lahore High Court addressed critical issues regarding jurisdictional limits and the valuation of civil suits under the Civil Procedure Code (V of 1908). The case arose when Muhammad Shafi filed a suit for possession of land against Rehmat Khan, with an initial valuation of Rs. 15,000. However, the appellant contested this valuation, asserting that it exceeded Rs. 20,000, which surpassed the jurisdictional limits of the Civil Judge 2nd Class. The court meticulously examined the jurisdictional value, recognizing that the original valuation fell within the court's limits but was later contested, leading to a reevaluation that exceeded those limits. The decision emphasized the importance of maintaining jurisdictional integrity in civil proceedings, setting a precedent for future cases regarding valuation and jurisdiction. The court ultimately remanded the case for a new trial, underscoring the necessity for adherence to procedural law. The decision highlights key legal principles, including jurisdictional value, court fees, and the responsibility of judges to operate within their defined limits, making it a significant reference point for legal practitioners in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ILYAS, J
|
| Lawyers |
Syed Maqbool Hussain Shah,
Ch. Ghulam Sarwai
|
| Petitioners |
REHMAT KHAN
|
| Respondents |
MUHAMMAD SHAFI
|
| Citations |
1981 SLD 1558,
1981 PLD 759
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
6
|