| Case ID |
20fbd4fc-55c6-41ec-aa96-ce4f77b3f82b |
| Body |
View case body. Login to View |
| Case Number |
Second Appeal ho..10 of 1955 |
| Decision Date |
Jan 03, 1956 |
| Hearing Date |
Oct 25, 1955 |
| Decision |
In this case, the Lahore High Court addressed the issue of jurisdiction related to a pre-emption suit. The plaintiff claimed pre-emption based on a sale price of Rs. 10,000, while the defendant asserted a higher price of Rs. 16,942-8-0. The trial court granted a decree for possession based on the lower amount. However, the Additional District Judge reversed this decision, citing the court's lack of jurisdiction to pass a decree exceeding its pecuniary limits. Upon appeal, the Lahore High Court determined that the objection to jurisdiction was not valid since it was not raised at the appropriate time. Consequently, the court set aside the order of the Additional District Judge and remanded the case for disposal according to law, emphasizing the importance of timely jurisdictional objections in the legal process. |
| Summary |
The case revolves around the legal principles governing pre-emption suits under the Suits Valuation Act of 1887. The Lahore High Court's decision highlights the significance of jurisdictional objections and the necessity for parties to raise such issues at the earliest opportunity. In this instance, the plaintiff's claim for pre-emption was initially upheld by the trial court but later challenged on jurisdictional grounds by the defendant. The appellate court's ruling underscored that objections regarding the court's jurisdiction could not be entertained post-hearing unless raised in a timely manner. This case serves as a crucial precedent in understanding the procedural aspects of civil litigation, particularly in relation to jurisdictional authority and the valuation of suits. Legal practitioners should note the implications of this ruling when dealing with similar pre-emption claims and the necessity for precise adherence to procedural requirements to avoid adverse outcomes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AKHLAQUE HUSSAIN, J
|
| Lawyers |
Siraj-ud-Din Ahmad,
H. H. Naqvi,
Ghias Muhammad
|
| Petitioners |
NAWAB DIN
|
| Respondents |
Mst. HUSSAIN BIBI and others
|
| Citations |
1956 SLD 62,
1956 PLD 214
|
| Other Citations |
Shankar Nath v. Tirlok Singh A I R 1929 Lah. 509,
Abdur Rahman v. Charag Dan and others 19 P R 1908,
Chandgi Ram v. Ram Sukh A I R 1933 Lah. 767,
Jagdish Ram v. Mst. Chinto A I R 1936 Lah. 133,
Sham Singh v. Jagat Singh A I R 1938 Lah. 765,
Muhammad Afzal Khan and others v. Nand Lai 16 P R 1908,
Sardar Khan v. Mst. Aisha Bibi I L R 6 Lah. 105
|
| Laws Involved |
Suits Valuation Act, 1887
|
| Sections |
11
|