P L D 2016 Lahore 97 (PLP)

MUHAMMAD KHALID MEHMOOD KHAN, J.--Through this single judgment, we propose to decide RFA No.916/11, RFA No.320/11 and RFA No.1003/11. The question requiring resolution is, whether a Regular First Appeal under Section 96 Code of Civil Procedure, 1908 against a decree passed by District Judge in its original jurisdiction, will be heard by a Single Bench or Division Bench of High Court.

2. A learned Division Bench of this Court decided the issue in RFA No.320 of 2011 titled "Javaid alias Maula v. Mst. Shaheen Akhtar" and held that first appeal against a decree passed by a learned District Judge in his original jurisdiction not exceeding Rs.2.5 million will be heard by Single Bench of High Court and decree having pecuniary, value of more than Rs.2.5 million by a Division Bench of this Court.

3. A learned Single Bench of this Court probably was not agreeable with the judgment of RFA No.320/2011, and referred the appeal to Hon'ble Chief Justice, to constitute a Larger Bench for resolution of the issue. We appointed M/s Sheikh Naveed Shahryar and Malik Noor Muhammad Awan, Advocates as amici curiae for assistance to Court.

4. We have heard the learned counsel for appellant and learned amici curiae.

5. Learned counsel for appellant submits that the learned Division Bench has rightly held that appeal against the decree of learned District Judge having the pecuniary value less than Rs.2.5 million will be heard by a Single Bench and an appeal against a decree having pecuniary value of more than Rs.2.5 million will be heard by a Division Bench of this Court. The amici curiae have also supported this view.

6. A First appeal against every decree passed by any Court of competent jurisdiction is provided under Section 96 of Code of Civil Procedure.

7. The Civil Courts Ordinance, 1962 provides the forum of appeal against a decree of a civil court or a subordinate court.

8. Section 18 of Civil Courts Ordinance 1962 reads as under:-- "

17. APPEALS FROM DISTRICT JUDGES OR ADDITIONAL DISTRICT JUDGES.--(1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or order of District Judge or Additional District Judge exercising original jurisdiction shall lie to the High Court. (2) An appeal shall not lie to the High Court from a decree or order of an Additional District Judge in any case in which, if the decree or order had been made by the District Judge, an appeal would not lie to that Court.

18. APPEALS FROM CIVIL JUDGES: (1) Save as aforesaid, an appeal from the decree or order of a Civil Judge shall lie:- (a) to the High Court if the value of the Original suit in which the decree or order was made exceeds [Twenty Five Hundred thousand] (Punjab amendment) (b) to the District Judge in any (2) ........................................... ........................................... ........................................... (3) ........................................... ........................................... ...........................................

9. Under Section 17 of Ordinance 1962 ibid, a decree passed by a District Judge or Additional District Judge in its original jurisdiction has to be heard by the High Court. Section 18 deals with the decrees passed by a Civil Judge in his original jurisdiction, where the amount of the decree is for more that Rs.2.5 million appeal will lie before the High Court and where the amount of the decree does not exceed Rs.2.5 million appeal will lie before the District Judge. It is an established principle of law that pecuniary jurisdiction of a suit for the purpose of an appeal is that which the plaintiff himself/itself fixed in his plaint and not the value ascertained by the Court.

10. The pecuniary jurisdiction of a District Judge in his original jurisdiction is unlimited like Civil Judge First Class provided under Section 8 of the Ordinance 1962 ibid.

11. First Appeal against the decree passed by District Judge as well as by the Civil Judge First Class in his original jurisdiction having the pecuniary valuation in excess of Rs.2.5 million will be heard by High Court.

12. The Lahore High Court has framed Rules and orders for regulating the judicial business of the court.

13. Volume V, Chapter 3, Part B, Articles 1 and 2, deal with the Jurisdiction of a Single Judge and of the Benches of Court.

14. Rules 1 and 2 is reproduced as under; "

1. Save as provided by law or by these rules or by a special order of the Chief Justice, all cases shall be heard and disposed of by a judge sitting alone. Explanation:- A case includes a motion application, petition, reference, suit, appeal, revision or other proceedings to be heard and disposed of by the High Court under any law in the exercise of its ordinary, extra ordinary, original or appellate jurisdiction. 2. (1) save as provided by these rules, the following cases shall be heard and disposed by a Division Bench. (i) (a) A regular first appeal from the decree of a subordinate court, jurisdictional value of which exceeds that of the District Court prescribed by the Civil Courts Ordinance 1962 (No.II of 1962) any cross objection to decree. (b) ...................... .......................

15. A bare reading of Rule 2(1)(i)(a) shows that a Regular First Appeal from a decree of a subordinate Court, jurisdictional value of which exceeds that of the District Court will be heard by Division Bench of High Court.

16. The words used "subordinate Court" and "jurisdictional value of which exceeds that of a District Court" are significant value.

17. Under Section 14 of the Ordinance 1962 ibid all Civil Courts in the area to which the Ordinance extends are subordinate to High Court and the words jurisdictional value of which exceeds that of a "District Court" denotes the jurisdictional competence of the High Court as an appellate Court.

18. Under Section 96 Code of Civil Procedure the right of appeal is subject to the pecuniary jurisdiction of the appellate court. The pecuniary jurisdiction of District Judge and Civil Judge is defined in Sections 7 and 8 of the Civil Courts Ordinance 1962.

19. The conjunctive study of the above provisions will show that where the Civil Judge passes a decree pecuniary value in excess of Rs.2.5 million, First appeal thereagainst will lie before High Court and all other decrees not exceeding the pecuniary value of Rs.2.5 million will be heard by the District Judge. If the District Judge passes a decree for any amount, the same will be heard by the High Court, Rule 1 ibid shows that all first appeals against the decrees of District Judge will be heard by a Single Bench, but the qualifying rule is 2(1)(i)(a), which provides that any decree passed by the Subordinate Court, jurisdictional value of which exceeds that of District Judge, will be heard by the Division Bench of High Court. Hence the logical conclusion is that any decree passed by the District Judge not exceeding the pecuniary jurisdiction of District Court as an appellate court will be heard by the Single Bench of the High Court and decrees of District Judge having pecuniary value of more than Rs.2.5 million will be heard by the Division Bench of High Court.

20. In view of above, we are in agreement with the findings of learned Division Bench of this Court and approve its Opinion and rule that all decrees passed by District Judge having the pecuniary value less than Rs.2.5 million will be heard by a Single Bench of High Court and decrees having pecuniary value exceeding Rs.2.5 million will be heard by Division Bench of High Court. MWA/M-142/L Order accordingly.