Law: Succession Act, 1925

Section: 372, 373, 384, 388

Law: Code Of Civil Procedure, 1908.

Section: 115

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

Section: 18

 Summary

The petitioners challenged the order of the Appellate Court, which returned their appeal on the ground that the value of the estate exceeded its pecuniary jurisdiction under the West Pakistan Civil Courts Ordinance, 1962. The appeal had arisen from proceedings for the grant of a succession certificate under the Succession Act, 1925.

The High Court held that proceedings for the issuance of a succession certificate are summary proceedings governed exclusively by the Succession Act, 1925, which is a special law. Under Sections 384 and 388 of the Act, where an inferior court exercises the powers of a District Judge through statutory delegation, an appeal from its order lies to the District Judge, irrespective of the value of the estate. Therefore, the pecuniary limits applicable to ordinary civil suits under the West Pakistan Civil Courts Ordinance, 1962, cannot determine the appellate forum in succession matters.

The Court concluded that the Appellate Court committed a jurisdictional error by returning the appeal solely on the basis of pecuniary valuation. Accordingly, the revision petition was allowed, the impugned order was set aside, and the Appellate Court was directed to restore the appeal and decide it on merits.