1988 PLP 1951 (CLC)

Revision Application T1o. 64 of 1985, decided on 26th August, 1987. ‑‑‑S. 24‑‑Suit, maintainability of‑‑Suit against one of defendants who happened to be public servant was withdrawn by plaintiff /petitioner at trial of suit with the result that at time of judgment by Trial Court only private parties were left as defendants in suit‑‑Value of suit being not above Rs.15,000 suit, held, was fully competent before Civil Court‑‑Findings of Appellate Court below in respect of non- maintainability of suit arrived at by wrongly invoking provisions of S . 24 of Ordinance, 1962, being, based on misapprehension of real position, were set aside by High Court and‑ case was remanded to Appellate Court for decision afresh in accordance with law. Abdul Majeed Khan for Applicants. Muhammad Ali Jan for Respondent No.l. Nemo for other Respondents.. Date of hearing: 20th August, 1987. This Revision Application under section 115, C.P.C is filed by the applicants against the order of VIIth Additional District Judge, Karachi dated 17‑1‑1985 whereby the learned Judge set aside the decree and judgment passed in Suit No. 1892 of 1972 by the Court of XXVIII Civil Judge IInd Class at Karachi. The only ground on which the learned 1st Appellate Court set aside the judgment and decree in the above suit was that the suit before the Court was not competent as one of the defendants in the suit was public servant, namely, the Deputy Commissioner, Karachi. In support of this conclusion the learned First Appellate Court referred to section 24 of Sind Civil Courts Ordinance, 1962. Mr. Abdul Majeed Khan, the learned counsel for the applicant urged before me that the above conclusion arrived at by the First Appellate Court is based on a misapprehension as the suit against defendant No.9 (Deputy Commissioner) was withdrawn by the applicant and as such after withdrawal of suit against defendant No.9 only private parties were left as defendants in. the suit before the Courts below. It is accordingly contended that the suit was fully competent before the Courts of Civil Judge Second Class, Karachi. The stand taken by the learned counsel for the petitioner is supported by the learned counsel appearing for respondent No.10 namely Allama Usmani Colony. Section 24 referred by the learned 1st Appellate Court provides that a civil suit in which Government of Pakistan or any of its Provinces or any public officer as defined in Section 2 (17) of the Code of Civil Procedure is a party in his official capacity shall be entertained and tried by a Civil Court having unlimited jurisdiction. However, in case of Karachi District any such suit, if its value did not exceed 50,000 at the relevant time and one lac rupees now has to be instituted in the Court of a District Judge, the Additional District Judge or a Civil Judge of the First Class. From the judgment of the trial Court it is quite clear that at the trial of the suit, the plaintiff /applicant withdraw his suit against the Deputy Commissioner with the result that at the time of judgment in the suit by the trial Court only private parties were defendants in the suit and since the value of suit did not exceed Rs.15,000 the suit was fully competent before the Court of XXVIIth Civil Judge, IInd Class, Karachi. I IA accordingly accept this Revision Application set aside the order of the learned First Appellate Court and remand the case back to the Court with the direction to dispose of the 1st Appeal after hearing the parties in accordance with the law. There will be no order as to' costs. Since the suit was instituted in the year, 1972, it is further' directed that the case should be disposed of within six months of the receipt of the R 8 P. H. B. T. /U‑23/K Revision accepted/order accordingly.