2009 PLP 1867 (YLR)
GOVERNMENT OF PAKISTAN through Secretary, Water and Power Department Islamabad and 3 others — Appellants Versus YAR MUHAMMAD and another — Respondents
| Citation | 2009 PLP 1867 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Khadim Hussain M. Shaikh, J |
| Parties | GOVERNMENT OF PAKISTAN through Secretary, Water and Power Department Islamabad and 3 others — Appellants Versus YAR MUHAMMAD and another — Respondents |
| Primary Law | Civil Procedure Code (V of 1908) |
Q1: What are the key laws and sections cited in 2009 PLP 1867 (YLR)?
This judgment primarily cites: Civil Procedure Code (V of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 1867 (YLR)?
The case was heard and decided by the Karachi bench comprising: Khadim Hussain M. Shaikh, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1867 (YLR) (GOVERNMENT OF PAKISTAN through Secretary, Water and Power Department Islamabad and 3 others — Appellants Versus YAR MUHAMMAD and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Azizullah A. Shaikh for Appellants.
- 2. Learned Advocate for the appellant contends that this appeal was filed before this Court as the matter was beyond the pecuniary jurisdiction of the District Judge and that now the pecuniary jurisdiction of the District Court is unlimited, therefore, he prays for transfer of this appeal to the learned Court of District Judge, Kashmore at Kandhkot.
Headnotes / Summary
S.96
Wes Pakistan Civil Courts Ordinance (II of 1962), S.7 [as amended by Sindh Civil Courts (Amendment) Ordinance (XXX of 2002)]
Pecuniary jurisdiction of District Judge
Appeal against the judgment of Civil Judge was filed by the appellant before the High Court as the matter was beyond the pecuniary jurisdiction of District Judge
By virtue 'of 'West Pakistan Civil Courts Ordinance, 1962, as (Amended) pecuniary jurisdiction of. District Court being unlimited, appellant prayed for transfer of appeal to the court of District Judge
Pecuniary jurisdiction of District Judge being unlimited, appeal stood transferred to the court of District Judge for its disposal according to law. Naimatullah Bhurgri for the State.
Judgment & Decree
KHADIM HUSSAIN M. SHAIKH, J.
This appeal is directed against the judgment and decree dated 26-2-2001, passed by the learned Court of Senior Civil Judge, Kandhkot in F.C. Suit No.127/1995 Yar Muhammad and others v. The Government of Pakistan and others whereby the suit was decreed. Record reflects that this appeal was filed on 24-4-2001.
2. Learned Advocate for the appellant contends that this appeal was filed before this Court as the matter was beyond the pecuniary jurisdiction of the District Judge and that now the pecuniary jurisdiction of the District Court is unlimited, therefore, he prays for transfer of this appeal to the learned Court of District Judge, Kashmore at Kandhkot.
3. By virtue of Sindh Civil Court (Amendment) Ordinance, 2002, promulgated on 17-9-2002, the District Judges in Sindh (except) Karachi have been vested with the powers of appellate jurisdiction against the decree or order passed by the Civil Judges without any pecuniary limitation.
4. In view of the above, this appeal stands transferred to the learned Court of District Judge, Kashmore at Kandhkot for its disposal according to law. Order accordingly. H.B.T./G-14/L Appeal transferred.