Tuesday, 15 May 2012

When civil revision cannot be filed

PLJ      2012     Lahore High Court     335

Present to: Amin-ud-Din Khan

 ALLAH DIWAYA, etc.
Versus
Mst. SUKHAN KHATOON, etc.

 Right of Appeal-- ----Value of suit property--Jurisdiction--As right of appeal was substantive right which was to be determined from date of filing of lis--Right of filing of second appeal was available on jurisdictional value of Rs. 24000/- therefore, civil revision could not have been filed by petitioners who was party to litigation, had filed R.S.A.--When right of appeal was available to party, it could not file a civil revision and that on basis of jurisdictional value admitted between parties and suit was filed in year 1975, Right to file appeal was available with petitioners which they had not filed same--When right of filing of appeal was available with petitioners, civil revision was not competent.

Judgement Result: R.S.A. allowed

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