Law:

Section:

Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 1 & 2---Civil Courts Ordinance (II of 1962), Ss. 21 & 22---Institution of suit on the basis of negotiable instrument--- Original jurisdiction---Scope---Suit was filed before the District Judge which was assigned to the Additional District Judge for disposal---Petition challenging the jurisdiction of Trial Court (assignee court) was moved which was dismissed by the said court---Validity---Order XXXVII, R. 1, C.P.C. was applicable only to the High Court and District Court and any civil court notified by the High Court and no provision existed for assigning of any matter falling under the purview of O.XXXVII, R. 1, C.P.C.---Only Additional District Judge or in his absence from the District the senior most Civil Judge at headquarter could assume the charge of District Judge without interruption of his original jurisdiction in the event of death of District Judge, or his being prevented from performing his duties by illness or other causes---District Judge, in the present case, had assigned the matter to the Additional District Judge against the mandate of O.XXXVII, Rr.1 & 2, C.P.C---Impugned order passed by the Trial Court was set aside---Chief Court directed that matter should be deemed to be pending before the District Judge who should adjudicate the same in accordance with law---Appeal was allowed accordingly. THIS JUDGMENT DELIVERED BY: WAZIR SHAKEEL AHMED, JUSTICE:---.--- Through this appeal the appellant has called in question the judgment/order of Additional District Judge Gilgit dated 16-9-2015 whereby the learned trial court dismissed the petition/application of the appellant vide impugned judgment. 2. Brief facts of the case are that the present respondent had filed a civil suit under Order XXXVII, Rules 1 and 2, C.P.C. for recovery of 800,000/- along with profit @ 16% from the institution of the suit till the satisfaction of the decree before the court of District Judge Gilgit . The above suit was assigned to the learned ADJ Gilgit for further disposal. The learned ADJ/ trial court proceeded with matter and duly got framed number of issues in the light of divergent pleadings. The…

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