1. ' Today, through a short order C.MA. No, 28/95 was dismissed by this Court. Through this application defendant No,3 has prayed that the plaint be returned for filing the same in the Court of proper jurisdiction as after creation of District Malir, this Court has no territorial jurisdiction. Following are the reasons for the said short order.
2. ' On 13th April, 1995, this application under Order 7, rule 10, C.P.0 was partly heard when it was ordered that the clarification in regard to the newly created District of Malir be obtained from the Government of Sindh. Accordingly, notice was issued to the Advocate-General, Sindh to address the Court on this aspect. In pursuance of the said notice, learned Assistant Advocate-General Mr. Amir Hani Muslim has appeared. I have heard Mr. Niazy Abdul Khaliq, Advocate for defendant No,3.
3. Mr. M.G. Dastgir, Advocate for defendant No,1 and Mr. Musheer Pesh Imam, Advocate for defendant No,4 have supported arguments of Mr. Niazy Abdul Khaliq. I have also heard Khalilur Rehman, Advocate for the plaintiff.
4. ' On 25th November, 1993, three notifications were issued by Government of Sindh, Revenue Department under section 6 of the Sindh Land Revenue Act, 1967. The first Notification bearing No,1/18/93/Rev-I (TV)/1434 created a new district of Malir with headquarters at Razzak Abad in Karachi Division. Names of the Sub-Divisions were also disclosed which consist of Airport, Gadap and Bin Qasim. Through second Notification which bears No,1/18/93/Rev-I (IV)/1435, District Karachi East was reconstituted. Through Notification No,1/18/93/Rev-I (IV)/1436, Taluka Karachi East was re- named as Taluka Malir and three new Sub-Divisions of Landhi-Korangi, Shah Faisal Colony and Gadap were created. For decision of this application, para. 5 of this Notification is very relevant, which is reproduced as hereunder:-- "5. On creation of new district Malir, the overall position of Karachi Division would be as under:-
(1) District Karachi East.
(2) District Karachi West.
(3) District Karachi South.
(4) District Karachi Central.
(5) District Malir."
5. It is not disputed that under Sindh Land Revenue Act, 1967 a Provincial Government is entitled vide section 5 to create as many divisions in the Province with such limits as prescribed by the said Government through a notification. In section 6 of the said Act, it is defined that each division shall be divided into such districts and that such districts may further be divided into sub-divisions. No limitation is imposed on the powers of the Provincial Government in dividing the Province into several divisions and one division into several districts.
6. ' To determine the question of territorial jurisdiction of this Court, it is very relevant if section 7 of the Sindh Civil Courts Ordinance, 1962 is examined. Through Ordinance VII of 1991, section 7 was amended. This Ordinance became Act on 13-2-1992. Following is the newly amended section 7 of the Sindh Civil Courts Ordinance, 1962 which was amended vide Act III of 1992:-- "7. Original jurisdiction of the Court of District Judge. --Subject to any law for the time being in force, the original jurisdiction of the Court of the District Judge in civil suits and proceedings shall be without limit of the value thereof excepting in the Karachi Districts where the original jurisdiction in civil suits and proceedings of the value exceeding five lacs of rupees shall be exercised by the High Court: ' Provided that the civil suits and proceedings of the value not exceeding five lacs of rupees in respect of the Karachi Districts pending in the High Court immediately before the commencement of the Sindh Civil Courts (Amendment) Ordinance, 1991 shall be disposed of by the High Court."
7. There is clear exception regarding Karachi Districts in section 7 of Sindh Civil Courts Ordinance, 1962 which envisages that in civil suits the original jurisdiction exceeding five Lacs of rupees shall be vested in the High Court. In this section, term Karachi District or division has not been used but instead of that term "Karachi Districts" was twice used which express the intention of the Provincial Legislators that they have accepted Karachi as not one district but as several districts. In the circumstances, to exclude District Malir from the term Karachi districts will neither be justified nor practical.
8. ' Learned Assistant Advocate-General, Sindh has supported view of the counsel for the plaintiff by saying that District Malir falls within the term "Karachi Districts" and that this Court has jurisdiction to entertain all suits on its original side pertaining to the territorial limits of District Malir. He has also invited my attention to the fact that learned District and Sessions Judge of District Malir is exercising the same jurisdiction, territorial as well as pecuniary as of the other four Districts and Sessions Judges of Districts East, West South and Central.If this is the position, then if this plaint is returned to the plaintiff for presentation to the competent Court having proper jurisdiction, it cannot be filed in the Court of District Judge, Malir as his pecuniary jurisdiction is limited up to Rs,5,00,000. It is settled principle that any law taking away jurisdiction of the Court is to be strictly construed.
9. ' Mr. Khalilur Rehman, Advocate for the plaintiff has also relied upon section 120 of the Code of Civil Procedure through which application of sections 16, 17 and 20 of C.P.C. Are excluded from its application before the High Court while exercising its original civil jurisdiction. He has also relied upon the case of this Court West Pakistan Industrial Development Corporation v. Messrs Fateh Textile Mills Ltd. (PLD 1964 Karachi 11). There is no need for examining this argument as in my considered view, the newly-created District Malir being part of "Karachi Districts" falls within the territorial jurisdiction of this Court for the purpose of original civil jurisdiction. In this circumstance, C.M.A.. No, 28/95 was dismissed by my said short order.