' Suit in this case was filed on 8-5-1991 in the Court of Senior Civil Judge, Swabi and was decreed on 19-3-1996.
2. At the very outset, learned counsel for the respondents referred to order-sheet dated 28-5-1999 of this Court and stated that the appeal before the High Court is not maintainable as the decretal amount was less ' than Rs,5,00,000 and as such in view of amendment of section 18 of West Pakistan Civil Courts Ordinance, 1962, the appeal would be competent before the District Judge. In support of his contention that was raised on 28-5-1999, today, the learned counsel for the respondents referred to PLD 1964 Pesh. 228 and 1999 SCM R 394 and submitted that the claim that was actually made in the plaint was less than Rs,5,00,000 therefore, the appeal could competently be filed before the District Judge in view of amendment in section 18.
' Learned counsel for the appellant, however, contended that the very heading of the amended plaint shows that the suit was filed for the recovery of Rs,5,81,900, therefore, the jurisdiction would be of this Court and not the District Judge as the amount is beyond his pecuniary jurisdiction.
3. The actual amount that has been claimed in the plaint is to be collected/taken from the detailed heading of the amended plaint where under recovery of Rs,2,25,000 as actual amount, Rs,90,000 as security deposited, Rs,20,000 as service charges, Rs,1,00,000 on the basis of damage caused (if any) to the constructional goods of the plaintiff and in addition an amount of Rs,46,900 as interest accrued till the date of filing of his plaint. Such amount when calculated comes to Rs,4,81,900, the amount within the , pecuniary jurisdiction of the District Judge. When confronted with such calculation, learned counsel for the appellant agreed to the legal objection raised as to the maintainability of the appeal.
In this view of the matter, appeal before this Court is not maintainable. As it was filed within time but under bona fide mistake, hence, the same is transferred/sent to the Court of learned District Judge, Swabi for hearing. Parties are directed to appear before the learned District Judge, Swabi on 5-7-1999. The record of the case be sent to the Court concerned immediately.