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MUHAMMAD MUKHTAR versus MST. ZUBAIDA


Section 18 suit valuation act (VII of 1887), section 8 civil procedure code (VV 1908), O XLI, R 25 appellate jurisdiction determining the jurisdiction of the suit is Rs. The amount is charged as a court fee. The trial court ruled in favor of the appellate court of the plaintiffs, using the powers under the AXLI, R25, CPC, trial court only to determine the value of the suit upon remand. The trial court fixed the cost of Rs 2. Millions and the file were returned to the appellate court. The objection was that at the time of remand, the appellate court had no jurisdiction in the matter and the appeal raised by the defendants should have been returned by the appellate court. The dismissed plaintiff was valued for the purposes of jurisdiction The trial court did not resolve the question of judicial value for the first time and stated that the judicial fee H case was settled from Rs 15,000 only. , The matter was finally settled after the remand, after which the jurisdiction of the appellate court, where in fact the appeal was pending. It was, it was raised to Rs 2 lakh, the High Court found that practice to extravagance in the Appellate Court. To reverse the appeal of his re-submission to the decision on the merit, modification of the circumstances denied

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