2008 PLP 441 (CLC)

NADEEM AZHAR SIDDIQI, J.

BY this application, the defendant No.1 has prayed for return of the plaint. The learned counsel for the defendant No.1 submits that the suit was filed in the lower Court and by order, dated 20-9-2006 passed in Suit No. Nil of 2006 (Ali Akbar Mangi v. Mrs. Nusrat Khan) filed in respect of the same subject-matter and between the same parties was transferred to this Court to avoid conflict of opinion. He then submits that the suit pending in this Court was withdrawn on 10-10-2006 and now there is no justification by the Court to proceed with the matter. He further submits that even otherwise, the suit was valued at Rs.49,000 and this Court has no jurisdiction. The learned counsel for the plaintiff submits that after transfer of suit from lower Court to High Court the plaint was amended vide order dated 26-4-2007 and the value of the suit has been enhanced from Rs.49,000 to Rs.70 million and required court-fees has been paid. He further submits that irrespective of valuation of the suit this Court is empowered to transfer and try any case. In reply the learned counsel for the defendant No.1 submits that along with amended plaint the court-fee stamps were filed, which were not cancelled and amended plaint cannot be considered. I have heard the learned counsel for the parties and perused the record made available before me. This suit was transferred to this Court vide order, dated 20-9-2006 passed in suit No.Nil of 2006 (Ali Akbar Mangi v. Mrs. Nusrat Khan) under section 24 of Civil Procedure Code. The reason assigned for transfer was to avoid conflict of opinion. Under section 24 of C.P.C. this Court is invested with the power to withdraw any suit pending in any Court subordinate to it and to try or dispose of the same. The general power of, transfer and withdrawal is not subject to the valuation of the suit and the only condition is that the suit was pending before a Court subordinate to this Court. However, after transfer of the suit the plaint of the suit has been amended and the value of the suit has been enhanced from Rs.49,000 to Rs.70 million vide order, dated 26-4-2007. The High Court Appeal No.117 of 2007 filed by the defendant No.1 against the said order was dismissed by the learned Division Bench of this Court vide order, dated 30-8-2007 and according to the learned counsel for the defendant No.1, he filed petition before the Honourable Supreme Court of Pakistan. Since the valuation of the suit has been increased to Rs.70 million which is beyond the jurisdiction of Civil Judge and the Civil Judge cannot exercise jurisdiction and at this stage the plaint cannot be returned or the suit cannot be retransferred to the Court from which it was transferred to this Court. Even otherwise, once the case is transferred to this Court it is, its discretion to try and dispose of the same or to transfer the same to some other Court subordinate to it or to re-transfer the same to the Court from which the same was transferred. The jurisdiction to try a suit is not subject to the valuation of suit and on the ground that the value of the suit is below the jurisdiction of this Court the suit cannot be retransferred. The order by which the plaint was amended was maintained by the Appellate Court. For the above said reasons, the application filed by the defendant No.1 for return of the plaint is dismissed. However, it is clarified that the order is subject to the decision of the Honourable Supreme Court in the pending petition. The application is disposed of. M.H./N-50/K Application dismissed.