Law:

Section:

(a) West Pakistan Civil Courts Ordinance (II of 1962)--S. 18---Enhancement of pecuniary jurisdiction of District Judge during pendency of appeal before High Court---Effect---Decision of appeal by High Court- validity---High Court in such situation stood deprived of jurisdiction to hear appeal which should have been transmitted to. District Judge for disposal--Supreme Court set aside impugned being without jurisdiction and appeal pending before High Court was ordered to be transmitted to District Judge-for disposal on merits. Malik Gul Hassan & Co. and 5 others v. Allied Bank of Pakistan 1996 SCMR 237 fol. (b) Jurisdiction----- ---- Jurisdiction not vesting in Court could not be conferred upon it merely by consent of parties or omission of any party to raise objection to such effect. JUDGMENT MUNIR A. SHEIKH, J.------This appeal has arisen from a suit for declaration with consequential relief for recovery of possession of land and for permanent injunction filed by the respondents in the Court of learned Senior Civil Judge, Swat. The suit was dismissed through judgment, dated 9-4-1985. It appears that in original plaint the value of 'the suit for the purpose of court-fee was fixed at Rs.200. On the application of the present appellant that the value of the suit should be Rs.1,40,000 as one of the witness examined in the case stated that market value of the property was that much amount, the plaint was ordered to be amended and the value of the suit for the purpose of court fee and jurisdiction was determined at Rs.1,40.000. In 1992, pecuniary jurisdiction of the District Court to entertain the appeal was up to Rs.50,000. Subsequently, through an Act passed by the Provincial Assembly in 1994 the pecuniary jurisdiction of the said Court in such cases was enhanced to Rs.5,00,000 through notification dated 6-8-1995, the applicability of which was extended to the Federally Administered Tribal Areas (FATA) inclusive of Swat. Irrespective of this clause the appeal was, however, decided by the High Court through the impugned judgment, dated 12-6-1996. 2. It has been contended by the learned counsel for the appellant that the High Court at the relevant time was not…

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