Law: General Clauses Act, 1897

Section: 3(15)

(a) General, Clauses Act (X of 1897), S. 3(15)-District Judge having restricted pecuniary jurisdiction-Not principal civil Court of original jurisdiction-High. Court Judge on original side Judge of principal civil Court of original jurisdiction-Original civil jurisdiction of Karachi High Court Bench-Neither "ordinary" nor "extraordinary" original civil jurisdiction-Establishment of West Pakistan High Courts Order, 1955, para. 5 and Sind Courts Act (VII of 1921), S. 8 [as amended by Karachi Courts Order (2 of 1956)]. The question was whether a Judge of the Karachi Bench of the West Pakistan High Court sitting on the original side of the High Court, was exercising extraordinary original civil jurisdiction within the. meanings of section 3(15) of the General Clauses Act, 1897.        Held.: since both the "ordinary" civil jurisdiction and the "extraordinary" civil jurisdiction enjoyed by the other High Courts owe their creation wholly to, the Letters Patent of the respective High Courts the original civil jurisdiction of the Karachi Bench is neither the `ordinary' nor the `extraordinary' original civil jurisdiction. ;So if the Karachi Bench on its original side is not , exercising an ordinary or extraordinary original civil jurisdiction then the disability contained in the second part of the definition of a `District Judge' given in the General Clauses Act disappears and the question would then be whether the original side Judge of this Court is a Judge of a principal civil Court of original jurisdiction. So far as the civil district of Karachi is concerned the District Judge cannot by any means be termed as the principal civil Court of original jurisdiction since his jurisdiction on the civil side is a restricted one and is confined to a maximum valuation of Rs. 25,000. The word `principal' is a term of comparative significance and implies that in relation to others in the hierarchy the, body which it denotes should be the highest. The mere nomenclature, `District Judge', is by itself of no significance whatsoever. It is wholly the jurisdiction and the powers that are…