Find a Lawyer

Civil Appeal No. 39‑D of 1960, decided on 28th April 1961.

(On appeal from the judgement and order of the High Court of East Pakistan, Dacca, dated the 28th May 1959, in appeal from Original Decree No. 96 of 1956, read with the judgment dated the 8th March 1960, in Application for leave to appeal to the Supreme Court No. 72 of 1959).

-----

---Granted where law point involved required an authoritative decision by Supreme Court‑[Scot for partition‑Jurisdictional value of suit when plaintiff alleges joint possession ‑(East Pakistan case)]‑Court Fees Act (VII of 1,370), Sch. II, Art. 17 (v‑a)‑Suits Valuation Act (VII of 1887)‑Constitution of Pakistan (1956), Art. 160.

-----

---‑Principle‑Application‑[Jurisdictional value of partition suit where plaintiff" is ‑in joint possession]‑Principle applied (Cornelius, C. J.)‑Principle not applied (S. A. Rahman and Hamoodur Rahman, JJ.).

S. 11‑Partition suit by plaintiff, in joint possession‑Value for jurisdiction‑Plaintiff fixing at value of entire estate, High Court, holding that such value is value of plaintiff's share, returning Memorandum of appeal to be presented to District Court‑Held (per Cornelius, C. J.) Supreme Court could make a direction under S. 11 even though no ground of appeal was taken in terms of that section.

Sch. II, Art. 17 (v‑a) read with S. 7 (vi‑A) and with Suits Valuation Act (VII of 1887), Ss. 8 & 9‑(East Pakistan cave)‑Partition suit‑Value for purposes of jurisdiction where plaintiff is in joint possession‑Value of share of plaintiff (per majority: S. A. Rahman, Kaikaus and Hamoodur Rahman, JJ.)‑Value of entire estate (per Cornelius, C. J.)‑[Patak Chandara Haldar 9 D L R 190 and Khayertullah Mondal and others v. Kamala Kanta Saha and others P L D 1960 Dacca 565 approved (by majority) ; disapproved (by Cornelius, C. J.). Bai Shevantibai v. Janardhan Raghunath Warick 71 I A 142 distinguished (by S. A. Rahman, J.), ref. (by, Kaikaus, J.)