PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

MARDAN WAYS SNG STATION vs GENERAL MANAGER SNGPL S — 2022 SCMR 584 SUPREME-COURT

Case information

Citation
2022 SCMR 584 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
MARDAN WAYS SNG STATION vs GENERAL MANAGER SNGPL S
Subject matter
Criminal
Provisions referred to
S. 18; Suits Valuation Act (VII of 1887)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MARDAN WAYS SNG STATION VS GENERAL MANAGER SNGPL S. 18(1)--- Suits Valuation Act (VII of 1887), Preamble---Consolidated suits on the same subject matter having different jurisdictional values---Trial Court passing separate decrees---Appeal against---Forum---Jurisdictional value fixed by the plaintiff-petitioner in its suit was Rs.10,000 which was never changed, therefore, in accordance with the jurisdictional value of the lis, the forum of appeal was to be determined---Admittedly, when the jurisdictional value of the suit of the plaintiff-petitioner was Rs. 10,000, the appeal was competent before the District Judge and not before the High Court though both the suits were consolidated---Value for the purposes of jurisdiction in the suit filed by the respondents was Rs. 4,94,82,480, therefore, against that decree an appeal was competent before the High Court and said appeal was filed rightly---When two suits were consolidated, the judgment could be consolidated but in each suit a separate decree was passed and an appeal was against a decree and not the judgment, therefore, the Regular First Appeal (RFA) filed against the consolidated judgment could be presumed only against the decree in the suit filed by the respondents for recovery of money in which the jurisdictional value was Rs. 4,94,82,480---Hence, the High Court had no jurisdiction to entertain and decide the appeal against a decree whereby the jurisdictional value was fixed as Rs.10,000 when the jurisdiction was with the District Judge to hear and decide the appeal---When the High Court was having no pecuniary jurisdiction and the District Judge was having jurisdiction, wrong filing of appeal before the High Court did not give the High Court the jurisdiction if in a consolidated judgment appeal against a decree in the other suit was competent before the High Court---Petition for leave to appeal was dismissed and leave was refused.

Other judgments reported in 2022 SCMR

Back to the case-law library · Search Pakistani case law in Urdu or English