| Citation(s) |
|---|
| 2026 SLG 899 2026 SLD 899 |
W.P No. 274-P/2026
Presented By: Syed Arshad Ali JUDGE
For the Petitioner: Sardar Nasir Aslam Khan, Advocate For
Respondents: Mr. Muhammad Riaz Khan Paindakhel, AAG., Mr. Muhammad Inam Khan Yousafzai, Advocate. Research assistance: Mr. Mazhar Ali Khan, Research & Reference Officer Date of hearing: 23.01.2026
Dr. Azhar Khan Jadoon. V. Registrar, Peshawar High Court, Peshawar & Others.
Law: West Pakistan Civil Courts Ordinance, (II of 1962)
Section: 12A
Law: Code Of Civil Procedure, 1908.
Section: 9
Law: Khyber Pakhtunkhwa Consumers Protection Act, (VI of 1997)
Section: 11A
Law: Constitution of Pakistan, 1973
Section: 199, 199(5), 175
Tag Line
Transfer of civil cases to Special Courts under Section 12A valid — Special Court deemed to have full jurisdiction of Civil Court; writ against High Court administrative action not maintainable.
Summary
The petitioner challenged (i) a notification transferring a civil suit from the District Court to a Consumer (Special) Court and (ii) an order refusing return of the plaint on jurisdictional grounds.
The Court held that Section 12A of the West Pakistan Civil Courts Ordinance, 1962 (as amended in 2025) validly empowers the High Court to transfer cases to Special Courts. By virtue of the deeming clause in Section 12A(3), the Special Court acquires full jurisdiction and powers of the original Civil Court (District Judge) for that specific case.