Law: West Pakistan Civil Courts Ordinance (II of 1962)

Section: 17,18

Law: Civil Procedure Code (V of 1908)

Section: 96

(a) West Pakistan Civil Courts Ordinance (II of 1962)----Ss. 17 & 18---Suits Valuation Act (VII of 1887), Preamble---Appeal, filing of---Pecuniary jurisdiction of Appellate Court---Suit value fixed in the plaint---Pecuniary jurisdiction of a suit for the purpose of an appeal was that which the plaintiff himself/itself fixed in the plaint and not the value ascertained by the Court. (b) West Pakistan Civil Courts Ordinance (II of 1962)-- ----S. 18---Civil Procedure Code (V of 1908), S.96---Decree passed by Civil Judge---First Appeal, filing of---Forum---District Judge or High Court---Pecuniary value of decree---Where the Civil Judge passed a decree of pecuniary value in excess of Rs.2.5 million first appeal there-against would lie before the High Court---All decrees of Civil Judge not exceeding the pecuniary value of Rs.2.5 million would be heard by a District Judge. (c) West Pakistan Civil Courts Ordinance (II of 1962)-- ----S. 17--- Civil Procedure Code (V of 1908), S.96---High Court (Lahore) Rules and Orders, Vol. V, Chap. 3, Part B, Rr.1 & 2---Decree passed by District Judge---First appeal, filing of---Forum---Single Bench or Division Bench of High Court---Pecuniary value of decree---All decrees passed by District Judge having pecuniary value of less than Rs.2.5 million would be heard by a Single Bench of High Court, whereas decrees having pecuniary value exceeding Rs.2.5 million would be heard by Division Bench of High Court. JUDGMENT MUHAMMAD KHALID MEHMOOD KHAN, J.--Through this single judgment, we propose to decide RFA No.916/11, RFA No.320/11 and RFA No.1003/11. The question requiring resolution is, whether a Regular First Appeal under Section 96 Code of Civil Procedure, 1908 against a decree passed by District Judge in its original jurisdiction, will be heard by a Single Bench or Division Bench of High Court. 2. A learned Division Bench of this Court decided the issue in RFA No.320 of 2011 titled "Javaid alias Maula v. Mst. Shaheen Akhtar" and held that first appeal against a decree passed by a learned District Judge in his original jurisdiction not exceeding Rs.2.5 million will be heard by Single Bench of High Court and decree having pecuniary,…

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