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

Mst. PARVEEN (DECEASED) vs MUHAMMAD PERVAIZ O — 2022 SCMR 64 SUPREME-COURT

Case information

Citation
2022 SCMR 64 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
Mst. PARVEEN (DECEASED) vs MUHAMMAD PERVAIZ O
Provisions referred to
Suits Valuation Act

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

Mst. PARVEEN (DECEASED) VS MUHAMMAD PERVAIZ O. XII, R. 1 & O. XIII, R. 1---Constitution of Pakistan, Arts. 184(2)(d) & 185(3)---Suit for cancellation of a gift deed---Gift deed not mentioning any value therein---Where High Court had over turned the judgment in appeal and consequently dismissed the suit, whether the petitioners (plaintiffs) should have filed an appeal under Art. 185(2)(d) of the Constitution or a petition for leave to appeal under Article 185(3) of the Constitution---Held, that the plaint, which sought the cancellation of the gift mutation, it was stated that the suit was valued at two hundred rupees for the purposes of court fee---No specific mention of valuation was made therein in terms of the Suits Valuation Act, 1887---Gift mutation did not mention any amount or value, therefore, the plaintiffs were entitled to value the suit as they deemed appropriate and they valued it at two hundred rupees for purposes of court fee and three courts (below) accepted this --- In such circumstances a petition under Art. 185(3) of the Constitution had to be filed; Art. 185(2)(d) of the Constitution, which was in respect of appeals, was not applicable---Petition for leave to appeal was converted into appeal and allowed.

Other judgments reported in 2022 SCMR

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