Law: Civil Courts Ordinance, 1962

Section: 18

Civil Courts Ordinance, 1962 (W.P. Ord. II of 1962)- —S. 18—Suit-Decree of~Appeal against—Pecuniary Jurisdiction of appellate court-Determination of—Words ‘original suit’ appearing hi sub-section (1) clause (a) of-section 18 show that value of original suit is to be taken into consideration to determine pecuniary jurisdiction of appellate court—In this case, original value of suit is determined by plaintiff as Rs. 400/- as tentative value with undertaking to pay further court fee when final account is determined-Held: Final amount having been determined at Rs. 2,23,299/-, same is proper value for purposes of jurisdiction and as it is above Rs. 50000/-, appeal lies before High Court and not before District Court-Appeal accepted. lPp.287,288,289290]A,B,eDi PLD 1985 SC 393 and PLD 1987 SC 284 distinguished AIR 1934 Lahore 488 and AIR 1934 Lahore 545(2) rd. JUDGMENT Qaiser Ahmed Hamidi, J.~The material facts culminating in this constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, briefly, are that the petitioner was appointed as Signaller in Station Master’s Group in the year 1966. On 22.9.1979, while the petitioner was working as Assistant Station Master at Railway Station, Padidan, he was served with a show cause notice on the charge of alleged detention of a train at Railway Station, Padidan without any schedule. It is the case of the petitioner that he was removed from service vide order dated 19.10.1979 without holding any departmental enquiry and without affording him a proper opportunity to defend him. He, therefore, preferred a departmental appeal, but no reply was received. In the meanwhile the petitioner filed Civil Suit No.288 of 1979 in the Court of Senior Civil Judge, Nawabshah, challenging the show cause notice, but the same was dismissed on 13.3.1980. The appeal filed by the petitioner before District Judge, Nawabshah, being Appeal No.26 of 1980, met the same fate and was dismissed on 27.7.1980, treating the petitioner as a civil servant. Consequently the petitioner challenged his order of removal before Federal Services Tribunal, Islamabad, through Appeal No71-K of 1980. This appeal was not found…

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