Law:

Section:

West Pakistan Civil Courts Ordinance (II of 1962) ---S. 18 [as amended by Punjab Civil Courts (Amendment) Ordinance (XX of 1978) and Punjab Civil Courts Ordinance (Amendment) Act (V of 1986)]--Appeal--Pecuniary jurisdiction--Amending Act V of 1986, held, had merely changed the forum in which appeal was to be heard and did not affect any vested right of appeal--Said amendments being merely procedural in nature, were operative retrospectively. Adnan Afzal v. Capt. Sher Afzal P L D 1969 S C 187 and Daraz Ali and others v. Nathu Khan 1982 C L C 2399 ref. ORDER ASLAM RIAZ HUSSAIN, J.--Facts giving rise to this petition are briefly that the petitioner had filed an R.F.A. (No. 37/85) in the Lahore High Court. 2. Since the value of the original suit from which the appeal had arisen exceeded rupees fifty thousand the petitioner had filed the R. F. A. directly in the High Court, in view of the provisions of the amended ,,,section 18 of the Punjab Civil Courts Ordinance (11) of 1962. Originally section 18 of the said Ordinance reads as follows-- "S. 18. Appeal from Civil Judges.--(1) Save as aforesaid an appeal from a decree or an order of a Civil Judge shall lie- (a) to the High Court if the value of the original suit in which the decree was made exceeds twenty-five thousand rupees; (b),,,,,,,,,,,,,,,,,,,,,,.. " 3. Subsequently, however, the pecuniary jurisdiction of the District Judges was increased by an amendment of section 18 of the said Ordinance by Section 2, Ordinance XX of 1978, which reads as follows:-- "In the Punjab Civil Courts Ordinance, 1962 in section 18 in subsection (1), in clause (a) for the words "twenty-five" the word "fifty" shall be â-žsubstituted " In 1986, section 18 of the said Ordinance was further amended by section 2 of Act V of 1986, which reads as follows:-- "In section 18, in sub-clause (i), in clause (a) for the words "fifty" the words "two hundred" shall be substituted." This amendment increased the pecuniary jurisdiction of the District Judges from rupees fifty thousand to rupees two lacs. As the original value of the present suit, though in excess of rupees fifty thousand was less than rupees two lacs, the appeal was now triable by a…

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