| Case ID |
1f183899-e474-4d9d-bc30-0296e7b405c8 |
| Body |
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| Case Number |
Writ Petition No. 5400 of 2010 |
| Decision Date |
Oct 28, 2011 |
| Hearing Date |
Oct 21, 2011 |
| Decision |
The Court dismissed the petition, affirming the decision of the Additional District Judge, Rawalpindi. The Court held that the jurisdiction of the appellate court is based on the original value of the suit and that the learned Additional District Judge had the authority to entertain the appeal. The Court found that the application for secondary evidence was valid as the original document was not in the possession of the respondents. The ruling emphasized the importance of adhering to the valuation in the plaint for determining the pecuniary jurisdiction, and noted that the petitioners had not demonstrated any exceptional circumstances warranting interference with the revisional order. |
| Summary |
In this significant case decided by the Lahore High Court, the court examined the applicability of the Suits Valuation Act, 1887, particularly regarding the pecuniary jurisdiction of appellate courts. The case arose from a dispute over possession and rental agreements concerning a property in Rawalpindi. The court underscored that the forum of appeal should be determined based on the original value indicated in the plaint, rather than any subsequent escalation in property value. The ruling reinforced the principle that secondary evidence may be permissible when the original document is unavailable, a critical aspect for legal practitioners dealing with evidence in property disputes. This case is essential for understanding the procedural nuances in property law and the significance of jurisdictional value in legal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ U LAHSAN, J
|
| Lawyers |
Habib-Al-Wahab Alkhari,
Muhammad Ryas Sheikh
|
| Petitioners |
MUHAMMAD AMIN
|
| Respondents |
others,
Qazi MAZHAR UL HAQ
|
| Citations |
2012 SLD 380,
2012 PLD 94
|
| Other Citations |
PLD 1985 SC 393,
1992 CLC 232,
1969 SCMR 965,
1985 SCMR 221
|
| Laws Involved |
Suits Valuation Act, 1887,
Constitution of Pakistan, 1973
|
| Sections |
11,
199
|