Law: Punjab Civil Courts Ordinance, 1962

Section: 18

(a) Punjab Civil Courts Ordinance (II of 1962)--- ----S. 18---Forum of appeal---Determination---Scope---Respondent filed an application under S. 20 of Arbitration Act, 1940---Application was accepted by the Civil Judge---Appeal filed by appellant before the District Judge was returned on the ground that since the subject matter exceeded the pecuniary limits of the Court, therefore, it had no jurisdiction to hear the appeal---Validity---Respondent had not provided any valuation in its application but had claimed an amount to be outstanding against the appellant, which could only be said to be the disputed amount and could not be presumed to be the value of the subject matter---Appellant had rightly approached the District Judge by filing appeal---Impugned order was set aside and the District Judge was directed to decide the appeal on merits. Muhammad Younas v. Suiya Bibi and another 2003 MLD 168; Nigar Bibi and others v. Salah-ud-Din and others 2012 MLD 604 and Jan Son Construction through Saida Jan v. Government of Khyber Pakhtunkhwa and others 2013 CLC 127 ref. Muhammad Ayub and 4 others v. Dr. Obaidullah and 6 others 1999 SCMR 394 rel. (b) Punjab Civil Courts Ordinance (II of 1962)--- ----S. 18---Forum of appeal---Determination---Expression value of the original suit---Scope---Forum of appeal is to be determined on the basis of original value of the suit and pecuniary jurisdiction of the District Judge is always to be derived from valuation mentioned in the plaint---Meaning ascribed to the expression value of original suit in S. 18(1) of the Punjab Civil Courts Ordinance, 1962, is confined to the valuation given in the plaint. JUDGMENT SAFDAR SALEEM SHAHID, J.---The instant first appeal under section 39(1)(iv) of the Arbitration Act, 1940, is directed against the order dated 15.07.2014, whereby the learned Civil Judge, Faisalabad, accepted the application under section 20 of the Arbitration Act, 1940, filed by the respondent; appointed an arbitrator to proceed with the matter in accordance with the law and terms of Section 10.2 of Power Purchase Agreement (PPA). 2. Brief facts of the case necessary for disposal of the instant appearance that an application…

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