2001 PLP 2138 (YLR)
others‑‑‑Appellants Versus MUHAMMAD ALI KHAN and another‑‑‑Respondents
| Citation | 2001 PLP 2138 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Tariq Parvez, J |
| Parties | others‑‑‑Appellants Versus MUHAMMAD ALI KHAN and another‑‑‑Respondents |
| Primary Law | West Pakistan Civil Courts Ordinance (II of 1962)‑‑‑ |
Q1: What are the key laws and sections cited in 2001 PLP 2138 (YLR)?
This judgment primarily cites: West Pakistan Civil Courts Ordinance (II of 1962)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 2138 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Tariq Parvez, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 2138 (YLR) (others‑‑‑Appellants Versus MUHAMMAD ALI KHAN and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Saadat Hussain for Appellants.
- M. Alain Khan for Respondents.
- Date of hearing: 21st June, 1999.
Headnotes / Summary
‑‑‑‑S. 18‑‑‑Civil Procedure Code (V of 1908), S.96‑‑‑Filing of appeal in wrong Court‑‑ Bona fide mistake‑‑‑Pecuniary jurisdiction of Appellate Court‑‑‑Value of plaint for the purpose of jurisdiction of Court was Rs. 4, 81, 900‑‑Appeal was filed in the High Court‑‑‑Effect‑‑‑Where the amount was within the pecuniary jurisdiction of Lower Appellate Court, appeal before High Court was not maintainable‑‑‑Appeal was filed within time but under bona fide mistake, the same was transferred/sent to the Lower Appellate Court for hearing. PLD 1964 Pesh. 228 and 1999 SCMR 394 ref.
Judgment & Decree
PLD 1964 Pesh. 228 and 1999 SCMR 394 ref. Saadat Hussain for Appellants. M. Alain Khan for Respondents. Date of hearing: 21st June, 1999. Suit in this case was filed on 8‑5‑1991 in the Court of Senior Civil Judge, Swabi and was decreed on 19‑3‑1996.
2. At the very outset, learned counsel for the respondents referred to order‑sheet dated 28‑5‑1999 of this Court and stated that the appeal before the High Court is not maintainable as the decretal amount was less 'than Rs.5,00,000 and as such in view of amendment of section 18 of West Pakistan Civil Courts Ordinance, 1962, the appeal would be competent before the District Judge. In support of his contention that was raised on 28‑5‑1999, today, the learned counsel for the respondents referred to PLD 1964 Pesh. 228 and 1999 SCMR 394 and submitted that the claim that was actually made in the plaint was less than Rs.5,00,000 therefore, the appeal could competently be filed before the District Judge in view of amendment in section
18. Learned counsel for the appellant, however, contended that the very heading of the amended plaint shows that the suit was filed for the recovery of Rs.5,81,900, therefore, the jurisdiction would be of this Court and not the District Judge as the amount is beyond his pecuniary jurisdiction.
3. The actual amount that has been claimed in the plaint is to be collected/taken from the detailed heading of the amended plaint whereunder recovery of Rs.2,25,000 as actual amount, Rs.90,000 as security deposited, Rs.20,000 as service charges, Rs.1,00,000 on the basis of damage caused (if any) to the constructional goods of the plaintiff and in addition an amount of Rs.46,900 as interest accrued till the date of filing of his plaint. Such amount when calculated comes to Rs.4,81,900, the amount within the , pecuniary jurisdiction of the District Judge. When confronted with such calculation, learned counsel for the appellant agreed to the legal objection raised as to the maintainability of the appeal. In this view of the matter, appeal before this Court is not maintainable. As it was filed within time but under bona fide mistake, hence, the same is transferred/sent to the Court of learned District Judge, Swabi for hearing. Parties are directed to appear before the learned District Judge, Swabi on 5‑7‑1999. The record of the case be sent to the Court concerned immediately. Q.M.H./M.A.K./328/P Order accordingly.