Case Details

Citation(s)
2003 SLG 2637 2003 SLD 2637 2003 CLC 1183
Sindh High Court
Suit No.813 of 1992 and Suit No.776 of 1990, decision dated: 27-01-2003.
SHABBIR AHMED, J

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GULFAM and others--Plaintiffs

VS

BIBI QUDSIA BEGUM---Defendant

Law:

Section:

(a) West Pakistan Civil Courts Ordinance (II of 1962)-------Ss. 7 & 18(1)(a) [as amended by Sindh Civil Courts (Amendment) Ordinance (XXX of 2002), Ss.2 & 3]---Civil Procedure Code (V of 1908), S.24---Sindh Civil Courts (Amendment) Ordinance (XXX of 2002), S.5---High Court of West Pakistan (Establishment) Order (XIX of 1955), Para.5---Consolidated suits pending in High Court---Transfer of one suit having valuation of Rs.4,50,000 to District Court by virtue of S.5 of Sindh Civil Courts (Amendment) Ordinance, 2002---Scope---Suit having such less jurisdictional value pending in Civil Court was transferred to High Court to be tried with a suit having jurisdictional value of Rs.37,20,000 pending in respect of same property---Both suits would retain their identity notwithstanding consolidation---Former suit would not be affected by S.5 of Sindh Civil Courts (Amendment) Ordinance, 2002, which had been transferred to High Court due to pendency of later suit in High Court only to avoid conflict of decisions from a Court of still having unlimited pecuniary jurisdiction---High Court would try both such suits. (b) West Pakistan Civil Courts Ordinance (II of 1962)--- ----Ss. 7 & 18(1)(a) [as amended by Sindh Civil Courts (Amendment) Ordinance (XXX of 2002), Ss. 2 & 3]--- High Court of West Pakistan (Establishment) Order (XIX of 1955), para. 5---Amendment introduced in Ss.7 & 18(1)(a) of Vest Pakistan Civil Courts Ordinance, 1962 by Sindh Civil Courts (Amendment) Ordinance, 2002---Scope and effect--­Original pecuniary jurisdiction of District Judges and Civil Judges at Karachi and also- appellate jurisdiction of District Judges against decree/order passed by Civil Judges at Karachi had been raised up to Rs.30,00,000---Appellate jurisdiction of District Judge other than Karachi against decree/order passed by Civil Judge was unlimited---All suits, appeals and other proceedings of valuation above Rs.30,00,000 pending in High Court including its Benches, would stand transferred to respective Courts conferred with jurisdiction. (c) High Court of West Pakistan (Establishment) Order (XIX of 1955)--- ----Para. 5---Civil Procedure Code (V of 1908), Ss. 16, 17, 20…
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