1. ' AZIZULLAH M. MEMON, J.---Heard arguments on the preliminary legal point of jurisdiction as to whether the suit in hand is to be heard and decided by the ordinary civil Court of the competent jurisdiction or by the Special Banking Court constituted under the provisions of Financial Institutions (Recovery of Finances) Ordinance, 2001.
2. ' For the reasons to follow in detailed order, the question of transfer is disposed of in terms that the dispute in between the parties is to be heard and feeded exclusively by a competent Banking Court constituted under the above-stated Ordinance of 2001.
3. ' Plaintiff Muhammad Akbar filed Suit bearing No,1192 of 1997 in this Court in the Original Jurisdiction with the following prayers:-- "(a) Declaring the act/action of defendant No,1 to withhold plaintiff's National Saving Certificates bearing Nos.J-109727- 109733 and 002088-002090 each valued Rs,1,00,000 making a total amounting to Rs,10,00,000 and they try to encash the same as illegal, void and bad in law.
(b) Directing the defendant No,1 to return/hand over National Saving Certificates bearing Nos.J- 109727- 109733 and 002088-002090 each valued Rs,1,00,000 making total amounting to Rs,10,00,000 in original to the plaintiff.
(c) Directing the defendant No,2 their agents, servants, sub-ordinates and person(s) claiming through and/or under them to encash National Saving Certificates Nos.J-109727- 109733 and 002088-002090 each valued Rs, 1,00,000 making a total amounting to Rs,10,00,000 along with up to date profit interest thereon in favour of the plaintiff.
(d) Granting permanent injunction restraining the defendants Nos.1 and 2, their agents, subordinates and person(s) claiming through and or under them to encash National Saving Certificates Nos.J-109727- 109733 and 002088-002090 each valued Rs,1,00,000 making a total amounting to Rs,10,00,000 and or to alienate the said certificates in any manner without the process of law.
(e) Any other relief(s) which this honourable Court may deem fit and proper under the circumstances of the case.
4. ' The defendants filed written statement in the suit and then issues were also cast, whereafter amendment was incorporated in the relevant provisions of law, whereby the pecuniary jurisdiction of the civil Court of the ordinary jurisdiction was enhanced, therefore the suit was sent to the learned District Judge for the purpose of sending the same to the competent Court of law for its trial and decision according to law.
5. Thus, VIII Senior Civil Judge, Karachi, East, vide Order dated 29th May, 2006, heard the parties and recorded the finding that the proper forum for filing of the suit was the Special Banking Court and that jurisdiction of the civil Court of the ordinary jurisdiction stands barred to entertain the suit of the nature as the same is. The Senior Civil Judge further observed, "I, therefore, refer this case to the honourable High Court to transfer this matter to the competent Court instead returning the plaint for presentation to proper forum, as held in Grain System (Pvt.) Limited v. Agricultural Development. Bank 1993 SCM R 1996".
6. ' Learned counsel for the parties been heard.
7. ' Once the case went outside the pecuniary jurisdiction of this Court and stood transferred to the civil Court of the ordinary jurisdiction, it was competent enough to have heard and passed the competent orders itself without making any further reference to this Court. The Senior Civil Judge having recorded the finding that the dispute between the parties was to be exclusively heard and decided by the Special Banking Court, he should have directed for return of the plaint of the suit to the plaintiff for presentation of the same before such Special Court without making any reference to this Court. Learned District Judge concerned should have taken care of such provision of law and should not have sent record and proceeding of the suit to this Court and should have instituted a suo motu civil revision application to correct such error of law committed by the Senior Civil Judge.
8. ' As such, under Article 203 of Constitution of Islamic Republic Pakistan, 1973, it is hereby directed the record and proceedings of the said be returned back to the VIII Senior Judge, Karachi, East, with further direct to him to return the plaint of the suit to plaintiff for presentation of the same be the competent court of law and for disposal accordingly.