P L D 2009 Karachi 126 (PLP)

FARRUKH ZIA G. SHAIKH, J.

By this common Order I intend to dispose of Ist Civil Appeals Nos.24 and 25 of 2003, as same point of jurisdiction is involved in both these Appeals. It has been contended by the learned counsel appearing on behalf of the appellants in Ist Civil Appeal No.24 of 2008 that Sindh Civil Court Ordinance, 1962 was amended in the year, 2002, wherein, the District Courts had pecuniary jurisdiction. In this context, he has relied upon PLD 2002 Karachi 511, 2003 CLC 1183 and 2004 SCMR 1622. His further arguments are fortified by section 2 of the Sindh Civil Courts Ordinance, 1962, as amended by section 7, which states that the original jurisdiction of the Court of District Judge in Civil Suits and Proceedings, shall be without limit of the value thereof except in Karachi Districts, the original jurisdiction in Civil Suits and Proceedings of the value exceeding Rs.500,000 shall be exercised by High Court. Reliance is also placed on section 5 ibid that all suits, appeals and proceedings of the value not exceeding original or appellate jurisdiction of the District Judge outside Karachi respectively in the High Court before the commencement of this Ordinance, shall stand transferred to the concerned District Judge for disposal. He has further relied on the direction dated 28-9-2006 issued from the Office of Solicitor Department Government of Sindh-to the effect that the Appeals may be returned with the prayer to allow the same to be filed before the Court of District Judge, Ghotki, immediately. It is further contended by the learned counsel that by virtue of subsection (2) of section 107 of the Civil Procedure Code, it is clear that the Appellate Court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this Code on courts of original jurisdiction in respect of suits instituted therein. On the other hand, the learned counsel for the respondents has stressed that the original section 7 of the Sindh Civil Courts Ordinance, 1962, states that the Court of District Judge shall have jurisdiction in original suits without limit as regards of the value. Section 18 of the same concerns Appeals and states that in Appeal from a Decree or Order of Civil Judge shall lie to the High Court if the value of the original Suit in which Decree or Order was made exceeds Rs.50,

000. It is an admitted position that amendment was made in the year, 2002 in Sindh Civil Courts Ordinance, 1962. The learned counsel for the appellants is of the view that the words "Civil Suits and Proceedings" mentioned in section 7 of the amended Ordinance, do not incorporate the word Appeal and as such an Appeal is not part of proceedings. Learned counsel for respondents states that it is not mentioned anywhere that the appeal is for a limited amount. It is further contended that Ist Civil Appeal No.24 of 2003 has been filed by the Appellants Executive District Officer Agricultural and others against respondent Allana Shaikh and others whereas another Ist Civil Appeal No.25 of 2003 has been filed by the Government of Sindh against respondents Allana Shaikh and others. He has also pointed that if the situation would have been different than Ist Civil Appeal No.25 of 2003 would not have been filed after Ist Civil Appeal No.24 of 2003 by the Government of Sindh and others. Under the circumstances of the case as far as the words Civil Suits and Proceedings mentioned in amended section 7 of Sindh Civil Courts Ordinance, 2002 is concerned, the words Civil Suits and Proceedings have to be given an ejusdem generis interpretation and word "Proceedings" shall include the word "Appeal". That being the case, then the proper forum for the Appeals would be to file the same before the District Judge, Ghotki, which has jurisdiction to entertain the same. The learned District Judge, Ghotki, is directed to dispose of both these appeals within a period of three months positively and report compliance. H.B.T./E-11/K Order accordingly.