MUHAMMAD YOUNAS vs SURYA BIBI and another
This civil revision petition is directed against an order passed by the Additional District Judge returning an appeal to the petitioner for presentation before the High Court on the ground that the market value of the suit land exceeded the pecuniary jurisdiction of the District Court. The core legal question concerns the determination of the appellate forum under Section 18 of the West Pakistan Civil Courts Ordinance, 1962, specifically whether the forum of appeal is governed by the market value of the property or the value of the suit as stated in the plaint. Relying on the precedent of the Supreme Court, the Lahore High Court held that the forum of appeal is to be determined according to the value of the suit as mentioned in the plaint, rather than the subsequent market value or concessions made during arguments. Consequently, the revision is allowed, the impugned order is set aside, and the appeal is remanded to the Additional District Judge for a decision on merits.
- How is the forum of appeal to be determined under Section 18 of the West Pakistan Civil Courts Ordinance, 1962?
- Does the market value of the property determine the appellate forum, or is it the value of the suit as mentioned in the plaint?
- Can an appellate court return an appeal based on the conceded market value of the suit property exceeding the jurisdictional limit?
- Section 18, West Pakistan Civil Courts Ordinance 1962
ORDER
' This civil revision is directed against the order, dated 6-7-2001 passed by the Additional District Judge, Wazirabad, whereby he returned the appeal to the petitioner for presentation of the same before the High Court.
2. The learned Additional District Judge has observed that-- "during the course of arguments, it appears that market value of the suit land is Rs,4,00,000 and this fact is also admitted by the plaintiff Surayya Bibi in her statement while appearing as P. W.1.
Both the counsel for the parties also conceded that market value of the suit property is more than Rs,4,00,000."
2. Both the learned counsel for the parties on the strength of the case reported as Muhammad Ayub and 4 others v. Dr. Obaid Ullah and 6 others (1999 SCM R 394), admit that forum of the appeal is to be determined under section 18 of the Civil Courts Ordinance (II of 1962). According to the learned counsel, the value of the suit for the purposes of jurisdiction was fixed at Rs,200, and therefore, the learned Additional District Judge had the jurisdiction to adjudicate the appeal, under section 18 of the Civil Courts Ordinance, 1962. Forum of appeal was to be determined according to the value of suit as mentioned in the plaint. In the case reported as Muhammad Ayub and 4 others v. Dr. Obaid Ullah and 6 others (1999 SCM R 394), the Hon'ble Supreme Court while interpreting the provisions of section 18 of the Civil Courts Ordinance, has assumed that: "Forum of appeal was to be determined according to the value of the suit as mentioned in the plaint."
3. In view of the above, this civil revision is allowed. The order dated 10-10-2001 of the learned Additional District Judge, Wazirabad, is set aside. The appeal shall be deemed to be pending before the learned Additional District Judge which shall be decided on merits. Parties are directed to appear before the learned Additional District Judge, on 27-2-2002.
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