1. NAIMUDDIN, J.-This is an office reference which was made on 2-1-1971, on promulgation of the Civil Courts (Sind Amendment) Ordinance, 1970 which came into effect on 17-12-1970, whereby Article 4 of the Karachi Courts Order, 1956, and section 24 of the West Pakistan Civil Courts Ordinance, 1962 have been amended.
2. By virtue of the amendment in Article 4 of the Karachi Courts Order, 1956 the pecuniary jurisdiction of the Court of the District Judge, Karachi has been raised from Rs. 25,000 to Rs. 50,000 and by virtue of the amendment of section 24 of the West Pakistan Civil Courts Ordinance, 1962, the jurisdiction of the Court of the District Judge, the Additional District Judge and Civil Judge of the First Class in the suits against the State and its servants in their official capacity has been raised from Rs. 25,000 to Rs. 50,000. Therefore, the reference seeks answers to the questions whether the aforesaid amendments affect the original jurisdiction of this Court in the suits of the value exceeding Rs. 25,000 and up to the limit of Rs. 50,000 which it has by virtue of section 8 of the Sind Courts Act, 1926 as adapted and amended from time to time, which according to the office reference, has not been affected by the aforesaid amendments, and whether the aforesaid amendments affect the suits pending in the High Court of the value up to Rs. 50,000.
3. This reference came up first on 2-1-1971, before Mr. Justice Qadeeruddin Ahmed the then Chief Justice who was pleased to pass the following . Order; "in addition to the two questions raised with respect to Ordinance No. XIII of 1970 in the above note of the office, namely, that section 8 of the Sind Courts Act, 1926 has not been amended and that there is no provision in the Ordinance with regard to pending matters, it appears that at least two more questions need examination. They are that the Ordinance prima facie purports to amend Article 3(2) of the President's Order No. VIII of 1970 and has been promulgated by the Government of one Province while the President's Order has created a common High Court for the Provinces of Sind and Baluchistan.
4. It will be proper to hear the Advocate-General of Sind and Baluchistan as well as the Attorney- General of Pakistan. Let this matter be placed before a Full Bench consisting of the Chief Justice, Mr. Justice Abdul Kadir Shaikh and Mr. Justice Noorul Arfeen. Since the Ordinance purports to come into force immediately, this is an urgent matter and the notices may be issued for the 14th of January, 1971."
5. Thereafter, the matter came upon 14-1-1971 before the Full Bench constituted in accordance with the-order passed on 2-1-1971, in the presence of Mr. Syed Sharifuddin Pirzada, Attorney-General of Pakistan, Mr. Kazi Akhtar, the then Advocate-General Sind, and Mr. Mirza Mohomed Ahmed.
6. Advocate-General, Baluchistan when Mr. Qazi Akhtar Ahmed stated that since section 8 of the Sind Courts Act, 1926 has not been amended, there--fore, the jurisdiction of this Court to try suits above the value of Rs. 25,000 had not been affected. On enquiry as to whether he had made the above statement on the authority of the Provincial Government, he had replied that he had made the statement as Advocate-General of the Province of Sind. He, however, submitted a memorandum stating that under the instructions of the Provincial Government he had to raise the following two preliminary points; "(1) Whether this Hon'ble Court can suo motu raise and decide the question of vires of the said Ordinance in absence of any such controversy raised in appropriate proceedings by any person affected by the operation of the said Ordinance, and
(2) Whether it would be appropriate to hear the above case in view of the exchange of correspondence between this Hon'ble Court and the Provincial Government."
7. Thereon the Court passed the following order; "(2) We have heard the Advocate-General, firstly, on the second point and in connection with that copies of the correspondence to which reference is made in the second point, have been produced by him because we pointed out to him that it was for him to produce it and not for any body else to supply it as he relied on it. We have heard him for about three hours despite the impropriety of the second point. During this time, he has completed his arguments on the second point, but had not finished his submissions with respect to the first point. Mr. Jan Muhammad Dawood, Advocate who was present, pointed out to us that he has filed a Civil Suit of the value of Rs. 29,647 after the promulgation of Ordinance XIII of 1970 in this Court. Moreover the Attorney- General drew our attention to PLD 1966 Kar. 160 In re : Reference No. 1 of 1965 One of us, namely Mr. Justice Abdul radir Shaikh in this connec--petition invited attention to proviso 2 to rule 14 (48) of the Sind Chief Court Rules (O. S.) which are still operative. In it as follows :- '14 (48) (2); The Registrar (O. S.) may refer to such Judge as aforesaid any matter which he considers to be a fit and proper one to be so referred by reason of its importance or difficulty or novelty or by reason of the order to be made thereon being appealable or for any other cause."
8. He explained that the expression "such Judge" which appears in the above proviso in this case meant the Chief Justice who could decide the reference himself but has chosen to form a Full Bench for doing so. The Attorney-General elaborated his point of view which has induced us to think that it will be proper at this stage to get a list of those suits prepared by the office which have been filed in this Court after the promulgation of Ordinance XIII of 1970 and whose value is more than Rs. 25,000 but less than Rs. 50,000 so that notices may be given to the parties to those suits in order to enable them to make their submissions on the question which are before us. This will facilitate further arguments on the first point of the Advocate-General of Sind."
9. "(3) We may mention that we inquired from the Attorney-General as to what opinion, if any, he had to express as the Chairman of All Pakistan Bar Council to which he replied that notice was given to him to appear in these proceedings as the Attorney-General of Pakistan; therefore, he was not in a position to. Express any opinion on behalf of the All Pakistan Bar Council. He submitted that the All Pakistan Bar Council had expressed strong views on the subject of the Original Jurisdiction of the High Court, and that notice of that opinion has been taken by the Law Commission on report; therefore, it would be proper to give a notice to the All Pakistan Bar Council itself, so that it may make an arrangement for the presentation of its views if it so desires. He further suggested that if such a notice was given to it, it was likely to assist the Court on legal question also."
10. "(4) The Advocate-General of Sind took the stand that the Karachi Bar Association has passed a resolution supporting the increase of the jurisdiction of the District Courts; therefore, notice should be given to the Pakistan Bar Council as well as the Karachi Bar Association or to neither of them.
11. We feel that controversy about policies should be avoided in these proceedings; therefore notice be not given to either of them."
12. "(5) Apart from the above interests, there are those parties also whose suits of higher value than Rs.
13. 25,000 and lower value than Rs. 50,000 filed in this Court before the promulgation of Ordinance XIII of 1970 and are still pending. The question of retaining them here or not is such as may require that their point of view be heard. After the number of the Advocates who desire to appear is known, then we shall decide as to how their arguments be heard. Notices should therefore, be given to the Advocates appearing in such cases also."
14. "(6) In conclusion we direct that a list of those cases whose value is more than Rs. 25,000 and less than Rs. 50,000 be prepared and notices be issued to the Advocates who are engaged in them."
15. "(7) Adjourned to a date to be fixed by the office in second or the third week of February, 1971 in consultation with the Attorney. General and the two Advocate-Generals." ---(8)---------------------------------.--- We have already produced this part of the order earlier. Thereafter, the matter rested there for quite some time due to retirement of the Chief Justice and resignation of Mr. Justice Noorul Arfin and came up before the Full Bench for the first time on 7-10-1978 in the presence of Mr. Syed Sharifuddin Pirzada, Attorney-General and Mr. Usman Ghani Rashid, the then Additional Advocate- General Sind. However, the matter did not proceed on that date for the reason that notices in terms of the order dated 14-1-1971, were not issued. It was however, ordered that notices be issued to the President, High Court Bar Association, the President, Karachi Bar Association and Mr. A.I Ahmed Fazeel Advocate on behalf of the Pakistan Bar Council.
16. Thereafter, the reference came up on 3-2-1979, before the Full Bench of which Mr. Justice Abdul Kadir Shaikh the then Chief Justice was a member. At that stage Mr. Osman Ghani Rashid, the then Advocate-General, made a statement on behalf of the Provincial Government that the Provincial Government did not press the two questions raised earlier and noted in the order dated 14-1-1971.
17. Mr. Syed Sharifuddin Pirzada, Attorney-General for Pakistan Mr. Usman Ghani Rashid, Advocate- General, Sind, Mr. A.I Ahmed Fazeel, Advocate on behalf of Pakistan Bar Council, Mr. Rehanul Hassan Faruqui, President, Karachi Bar Association, and Mr. J. H. Rehmatullah Advocate for one of the parties whos-. Suit of the value exceeding Rs. 25,000 was pending in this Court had therefore, made their submissions only on the office reference. But before the Full Bench could express their opinion, Mr. Justice Abdul Kadir Shaikh was raised to the Supreme Court and therefore, the matter was ordered to be fixed for rehearing.
18. Now, we have heard Mr. Sharifuddin Pirzada, learned Attorney-General for Pakistan, Mr. Abdul Sattar Shaikh, Additional Advocate-General and Mr. Saleem Akhtar, Vice-Chairman, Pakistan Bar Council.
19. The learned Attorney-General was of the view that this Court continued to have jurisdiction in respect of the suits involving subject-matter exceeding Rs.25,C00 and up to Rs. 50,000 notwithstanding the amendments made in Article 4 of the Karachi Courts Order, 1956 (hereinafter for the sake of convenience called the 1956 Order) and in section 24 of the West Pakistan Civil Courts Ordinance,' 1962 (hereinafter for the sake of convenience called the 1962 Ordinance) by the Civil Courts (Sind Amendment) Ordinance, 1970 (hereinafter for the sake of convenience called the 'Sind Ordinance of 1970').
20. Learned Additional Advocate-General and Mr. Saleem Akhtar supported the view of the learned Attorney-General for Pakistan. Mr. Abdul Sattar Shaikh did not however, touch the two questions noticed in the order dated 14-1-1971 obviously for the reasons already mentioned.
21. Although there is now no controversy on the question whether this Court continues to have the jurisdiction to entertain suits involving subject matter of the value exceeding Rs. 25,000 yet we would like to re-state the law on this question.
22. On 21st of August, 1926, the Sind Courts Act being Bombay Ac No. VII of 1926 was passed. This Act came into force on the 15th of April, 1940. Section 22 of this Act made provision for the establishment of District Courts in civil districts other than Karachi and designate the District Court as the principal Court of original civil jurisdiction.
23. So far as the civil district of Karachi was concerned under section 8 of the Act the Sind Chief Court was made the principal Court of original civil jurisdiction under the provisions of section 8 of the Act which read as follows: "The Chief Court shall be the highest civil Court of appeal and revision and the highest Court of criminal appeal and revision for Sind and the principal civil Court of original jurisdiction for the civil district of Karachi and shall be the Court of Session and shall exercise the powers and perform the duties of a Sessions Judge in the Sessions Division of Karachi."
24. On 13-8-1955, the Karachi Courts Ordinance, 1955 (XXIX of 1955) was promulgated. By this Ordinance on and from the appointed day the Sind Courts Act, 1926 (Bombay Act VII of 1926) in its application to the Capital of the Federation was made subject to the amendments set out in the Schedule to the Ordinance. These amendments inter alia provided as follows:-- "(1).-In section (8) the words `and the principal civil Court of original jurisdiction for the civil district of Karachi and shall be the Court of Sessions and shall exercise the powers and perform the duties of a Sessions Judge in the Sessions Division of Karachi shall be omitted.
(2) --------------------------------------- (3)---------------------------------------.
(4) In subsection (1) of section 22, the words "other than that of Karachi" shall be omitted."
25. This Ordinance was to have come into force on a date to be appointed bar the Provincial Government. However, no such date was ever notified by the Government with the result that the Ordinance never came into force.
26. On the 3rd of October, 1955, the Province of West Pakistan was established under the Establishment of West Pakistan Act, 1955 by merger of the existing Provinces and the States. The only provision of the said Act that need be mentioned for the purposes of the present issue is Article 7 which empowered the Governor-General to establish by order a single High Court for the Province of West Pakistan, replacing the High Court at Lahore, the Chief Court of Sind and the Judicial Commissioner's Court of the North-Western Frontier Province. The single High Court of .West Pakistan was to exercise jurisdiction in respect of the whole Province of West Pakistan and was to have the powers and authority as enjoyed by the High Court at Lahore.
27. Pursuant to the aforesaid provision, the Governor-General made and promulgated on 9th of October, 1955, the High Court of West Pakistan (Establishment) Order, 1955, Order No. XIX of 1955.
28. This Order came into force on - the 14th of October, 1955 and proceeded to establish the High Court of West Pakistan as envisaged in section 7 of the Establish--ment of West Pakistan Act with such jurisdiction, powers and authority as held by the High Court at Lahore immediately before the commence--ment of the said Order. Under the provisions of Article 5 of the Order, however, the original civil jurisdiction formerly exercised by the Karachi Bench under section 8 of the Sind Court Act, was preserved and continued with the result that the Karachi Bench of the West Pakistan High Court continued to be the principal civil Court of original jurisdiction for Karachi.
29. On 11th October, 1955, an Ordinance called the Sind Laws (Adaptation, Revision, Repeal and Declaration) Ordinance, 1955 (No. V of 1955) was passed to adapt and revise the then existing laws applicable to the province of -Sind. The Sind Courts Act of 1926, was one of the several laws which came in for amendment by the aforesaid Ordinance. Section 8 of the Sind Courts Act was amended so as to exclude therefrom the words "and the principal civil Court of original jurisdiction for the civil district of Karachi and shall be the Court of Session and shall exercise the powers and perform the duties of a Sessions Judge in the Sessions Division of Karachi": Furthermore, in subsection (1) of section 22 of the said Act, the words "other than that of Karachi" were omitted.
30. These amendments were obviously necessary in the application of the Sind Courts Act, 1926 to the area constituting the Province of Sind and their operation was confined only to the said area. So far as Karachi was concerned the said amendments had no effect since only the centre could have validly legislated in respect thereto with the result that the Sind Courts Act continued to apply to Karachi without any change.
31. On 23rd March, 1956, the first constitution of the Islamic Republic of Pakistan came into force and soon thereafter on 20th of April, 1956 the President of Pakistan promulgated the Karachi Courts Order, 1956 (Order No. 2 of 1956). Article 2 of this Order inter alia provided that on and from the appointed day the Sind Courts Act, 1926 (Bombay Act VII of 1926) in its application to the Federal Capital shall be subject to the amendment made out in Part A of the Schedule to the Order. The relevant amendments read as follows :- "(1) In section 8, for the words `and shall be the Court of Session and shall exercise the powers and' perform the duties of a Sessions Judge in the Sessions Division of Karachi', the words 'in respect of suits and proceedings wherein the subject matter in amount or value exceeds twenty-five thousand rupees or such sum as the Central Government may, by order under the proviso to subsection (2) of section 22 prescribe' shall be substituted.
(5) In section 22-
(5) in subsection (1) the words "other than that of Karachi shall be omitted, and
(ii) to subsection (2) the following proviso shall be added, namely:- "Provided that, unless the Central Government by order otherwise directs, the District Court of Karachi shall not have jurisdiction in original civil suits and proceedings wherein the subject matter exceeds twenty-five thousand rupees. In amount or value."
32. The effect of the amendment was that for the words "and shall be the Court of Session and shall exercise the power and perform the duties of a Sessions Judge in the Sessions Division of Karachi", the words in respect of suits and proceedings wherein the subject-matter in amount or value exceeds twenty-five thousand rupees or such sum as the Central Government may, by order under the proviso to subsection (2) of section 22 prescribed" were substituted. The amended section 8 now reads :- "The Chief Court shall be the highest civil Court of appeal and revision and the highest Court of criminal appeal and revision and the principal civil Court of original jurisdiction for the civil district of Karachi in respect of suits and proceedings wherein the subject-matter in amount or value exceeds twenty-five thousand rupees or such sum as the Central Government may, by order under the proviso to subsection (2) of section 22 prescribed."
33. Thus, the Bench of the High Court of West Pakistan at Karachi continued to exercise original jurisdiction for Karachi in respect of suits and proceedings wherein the subject-matter in amount or value exceeded twenty-five thousand rupees.
34. With effect from the Ist of July, 1961, Karachi became merged into the Province of West Pakistan under the West Pakistan Administration (merger of the Federal Territory of Karachi) Order (President's Order No. 9 of 1961). This merger had no effect on the set up and status of the Karachi Courts, except that thereafter the legislative and execute authority in respect of Karachi passed on to the province of West Pakistan.
35. On 8th January, 1962, the Governor of West Pakistan promulgated Ordinance No. II of 1962 known as "The West Pakistan Civil Courts Ordinance, 1962". This Ordinance consolidated and unified the law relating to civil Courts in the whole of the Province of West Pakistan.
36. Section 24 of this Ordinance provides; "Civil Courts having unlimited jurisdiction in original suits without limit as regards value and no Court of the Small Causes shall receive, entertain or register any suit in which Pakistan or any of its Provinces or any public officer as defined in clause (17) of section 2 of the Code of Civil Procedure, 1908, in his official capacity is a party.
(2) In every such case the plaintiff shall be referred to the Court of the Civil Judge having jurisdiction in original suits without limit as regards value and such suit shall be instituted only in the Court of such Civil Judge and shall be heard at the headquarters of the district.
(3) Nothing in this section shall be deemed to apply to a suit relating to the affairs of a Government Railway or to any suit merely because a public officer is a party, thereto in his capacity as-
(a) a member of a local authority, or
(b) curator, guardian, manager or representative of a private person or estate in virtue of an appointment, delegation, declaration or exercise of powers under;
(i) Order XXXII, rule 4(4) of the Code of Civil Procedure, 1908.
(ii) Section 195 of the Succession Act, 1925.
(iii) Section 69 or 71 of the Lunacy Act, 1912.
(iv) Section 7, 18 or 42 of the Guardians and Wards Act, 1890, or
(v) any provision of any West Pakistan enactment relating to Court of Wards."
37. The West Pakistan Civil Courts Ordinance of 1962 repealed amongst others, the following laws which were in some way applicable to Karachi.
(i) The Sind Courts Act, 1962 applicable to the District of Karachi-the whole except section 8.
(ii) The Karachi Courts Order of 1956-the whole except clause 4 (2).
38. The effect of the above-mentioned repeals and the savings is that in suits and other matters in which the value of the subject-matter exceeded rupees twenty-five thousand, the Bench of the High Court of West Pakistan at Karachi continued to exercise jurisdiction.
39. Thereafter, in the year 1963, by the West Pakistan Civil Courts (Amendment) Act, 1963 (Act XV of 1963) section 24 of the West Pakistan Civil Courts Ordinance, 1962 (II of 1962) was amended as follows; "Section 2.-Amendment of section 24 of the West Pakistan Ordinance II of 1962. In the West Pakistan Civil Courts Ordinance, 1962, in section 24, after subsection (2), the following new subsections shall be inserted, namely; (2-A) Notwithstanding anything contained in subsections (1) and (2) in the Karachi District any such suit, if the value thereof does not exceed twenty-five thousand rupees, may be instituted in and be tried by the Court of the District Judge or Civil Judge of the First Class, and where the value of the suit exceeds twenty-five thousand rupees it shall be instituted in and be tried by the High Court.
40. (2-B) . ------------------------------.--- It may be mentioned that section 24 of Ordinance II of 1962 concerns suits in which Pakistan or any of the Provinces or any public officer in his official capacity is a party.
41. It will be seen that the High Court continued to have jurisdiction in suits in which the subject-matter was over the value of Rs. 25,000 and the amendment did not affect it even in relation to suits against Pakistan or any of its Provinces or public officer.
42. Thereafter, the High Court (Establishment) Order, .1973 (President's Order 8 of 1970) was promulgated which came into force on 15th of June, 1970. Article 3 of this Order provided the establishment of several High Courts including one for the provinces of Baluchistan and Sind to be called the Sind & Baluchistan High Court. Sub-Article (2) of Article 3 provided that each new High Court shall be a Court of record and shall have such original, appellate and other jurisdiction and such powers and authority in respect of the territories for which it was established as the High Court of West Pakistan, immediately before the appointed day, had in respect of the territories in relation to which it exercised appellate jurisdiction. Thus it will be seen that original civil jurisdiction of this Court in matters exceeding Rs. 25,000 in value enjoyed by it under section 8 of the Sind Court Act, 1926 was maintained.
43. Then came the amendments in the Karachi Courts Order, 1956 and the West Pakistan Civil Courts Ordinance, 1962 by Civil Courts (Sind Amendment Ordinance, 1970) (Ordinance XIII of 1970). By this Ordinance clause (2) of . Article 4 of Karachi Courts Order, 1956 was substituted.
44. The Original Article 4 reads as follows :- "4. Appointment of District Judge.---(1) The Central Government shall appoint a person to be the District Judge for the Federal Capital.
(2) Unless the Central Government by Order under the proviso to sub--section (2) of section 22 of the Sind Courts Act, 1926 (Bom. Act VII of 1926), otherwise directs, the Court of the District Judge shall not have jurisdiction in original civil suits and proceedings wherein the subject-matter exceeds twenty-five thousand rupees in amount or value."
45. And the substituted Article reads as follows :- "4. Appointment of District Judge.--(1) The Central Government shall appoint a person to be the District Judge for the Federal Capital.
(2) The Court of the District Judge, Karachi, shall not have jurisdiction in original civil suits and proceedings wherein the subject-matter exceeds fifty thousand rupee situated (substituted by Sind Ordinance XIII of 1979)."
46. Similarly in section 24 of the West Pakistan Civil Courts Ordinance, 1962 in the proviso to subsection
(1) of section 24 and in subsection (2-A) (ibid) for the words 'twenty-five' thousand' wherever occurring the words `fifty thousand were substituted. Thus the amended subsection (1) of section 24 of the Ordinance reads as follows :- "(1) No civil Court not having jurisdiction in original suits without limit as regards value and no Court of the Small Causes shall receive, enter--tain or register any suit in which Pakistan or any of its Provinces or any public officer as defined in clause (17) of section 2 of the Code of Civil Procedure, 1908, in. His official capacity is a party; Provided that in the Karachi District, any such suit, if the value thereof does not exceed fifty thousand rupees may be instituted in the Court of the District Judge, the Additional District Judge or a Civil Judge of the First Class, and in High Court where the value of the suit exceeds fifty thousand rupees."
47. It is obvious that these amendments also did not affect the original civil jurisdiction of this Court in respect of suits in which the subject-matter exceeds Rs. 25,000.
48. Thereafter, by the West Pakistan Civil Courts (Sind Amendment) Ordinance, 1971 (Ordinance XIII of 1971), section 24 of the West Pakistan Ordinance II of 1962 was further amended by substituting subsections (1) (2) and (2-A) by the following :-- "(1) (a) No civil Court not having jurisdiction in original suits without limit as regards value ;
(b) no Court of Small Causes ;
(c) no civil Court lower than the Court of the District Judge or the Additional District Judge in a suit sought to be filed by a .Government servant relating to his service or matters pertaining thereto ; shall receive, entertain or register, any suit in which Pakistan or any of its provinces or any public officer as defined in clause (17) of section 2 of the Code of Civil Procedure, 1908 (Act V of 1908) in his official capacity is a party ; Provided that in the Karachi District---
(a) any such suit not being a suit specified in clause (c) of the value thereof does not exceed fifty thousand rupees, may be instituted in the Court of the District Judge, the Additional District Judge or a Civil Judge of the First Class, and in the High Court where the value of the suit exceeds fifty thousand rupees ;
(b) a suit as specified in clause (c) may be instituted in the Court of the District Judge or the Additional District Judge if the value thereof does not exceed fifty thousand rupees, and in the High Court where the value exceeds fifty thousand rupees.
(2) (a) In every such cace except a suit as specified in clause (c) of sub-section (1), the plaintiff shall be referred to the Court of the Civil Judge having jurisdiction in original suits without limit as regards value and such suit shall be instituted only in the Court of such Civil Judge and shall be heard at the headquarters of the district.
(b) In every such case as specified in clause (c) of subsection (1), the plaintiff shall be referred to the Court of the District Judge having jurisdiction and such suit shall be instituted only in the Court of such District Judge.
49. (2-A) Notwithstanding anything contained in subsections (1) and (2) in the Karachi District---
(a) any such suit not being a suit specified in clause (c) of subsection (1), the value whereof does not exceed fifty thousand rupees may be instituted in and tried by the Court of the District Judge, the Additional District Judge, or the Civil Judge of the First Class, and where the value of the suit exceeds fifty thousand rupees, it shall be instituted in and be tried by the High Court ;
(b) a suit as specified in clause (c) of subsection (1) the value whereof does not exceed fifty thousand rupees may be instituted in and triedby the Court of the District Judge or the Additional District Judge, and where the value of the suit exceeds fifty thousand rupees, it shall be instituted in and be tried by the High Court."
50. These amendments also are immaterial so far as the original civil jurisdiction of this Court in suit wherein the value of the subject-matters exceeds Rs. 25,000 is concerned.
51. The jurisdiction was also preserved by the Baluchistan & Sind (High Courts) Order, 1976 (President's Order 6 of 1976) whereby two new High Courts called the High Court of Baluchistan, and the High Court of Sind were established in place of a common High Court for the Provinces of Baluchistan and Sind, which was then called the High Court of Sind & Baluchistan. This order in its Article 4 provides that each new High Court shall have such original, appellate and other jurisdiction and such powers and authority in respect of territories of the Province for which it is established as the High Court of Sind & Baluchistan, immediately before the appointed date, had in respect of the territories in relation to which it exercised appellate jurisdiction.
52. Now, therefore, it is clear that so far as the District of Karachi is con--cerned suits or other matters exceeding Rs. 25,000 in value and up to Rs. 50, can be filed either in this Court or in the District Courts jurisdiction being concurrent. The position would have been quite different if Act XXIX g of 1955 which was promulgated on 13-8-1955, would have been enforced by the Provincial Government by issuing notification in the official Gazett fixing the date from which it was to come into force as provided in section 1(3) of the Act.
53. Now, what remains to be considered is the effect of section 15, C. P. C. Which directs that every suit shall be instituted in the Court of the lowest grade competent to try it.
54. It was submitted that section 15, C. P. C. Could not apply to the High Court in the exercise of its original civil jurisdiction. The learned Attorney-- General in this connection relied on the case of Bank of Chettinad v. S. P. K. V. R. Firm and another (1) wherein Braund, J. Has observed that section
15. C. P C. Is not one of the sections excepted by Section 120, C. P. C. But clearly it cannot apply to the High Court in the exercise of its original Civil jurisdiction. Reference may also be made to the opinion of Viswa natha Sastri, J. In the Full Bench case of Madras High Court in V. Ramamirtha, Sole Proprietor, Glorious Pictures v. Rama Film Service (2), wherein the learned Judge at page 106 of the judgment observed that "during all these years this Court as well as the other High Courts have consistently taken the view that section 15, C. P. C. Does not govern suits on the original side of the for Court". Therefore, we need not examine this question any further for the proposition that section 15, C. P. C. Does not apply to original side of the High Court is well settled.
55. However, it may be stated that section 15 of the C. P. C. Is a rule oft procedure, and not of jurisdiction, and whilst it, lays down that suit shall b4 instituted in the Court of lowest grade, it does not oust the jurisdiction of any Court of higher grade as was observed by Mahmood, J. In a Full Bench case of the Allababad High Court in Nidhi Lal v. Mazhar Husain and another (3), and also in the case of Madras High Court cited above.
56. These are the reasons for the short order dated 20th October, 1979, passed by us whereby it was held that the High Court continues to have jurisdiction to entertain and try suits of the subject- matter in which the value exceeds Rs. 25,000.
(1) AIR 1935 Rang. 517(2) AIR 1951 Mad. 93
(3) 1 L R 7 All. 230