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PROVINCE OF SINDH versus HAJI RAZZAQ AND OTHERS

Section 8 High Court of West Pakistan (Establishment) Order (1955 Para 5 of XIX - Order of the High Court Establishment Order (PO8 of 1970), Art 3 (1) (c) Balochistan and Sindh (High Courts) Order (P Civil Circuit) Jurisdiction) The jurisdiction of the Sindh High Court was exercised under the jurisdiction of the High Court but only under the special law, section 8 of the Sindh Court Act, 1926, the duties of the principal civil court of the original civil jurisdiction within the District Karachi. Performing High ??? Following the establishment of the High Under the West Pakistan High Court (Establishment) Order, 1955, the West Pakistan court granted the original civil (and criminal) jurisdiction. Awarded to the Karachi Bench of the Supreme Court - Weiss's real civilian (and guilty) jurisdiction / / \\\ High Pakistan High Court (Karachi Bench) was of a special nature and not civilian jurisdiction both civil and criminal. The nature of the authority / which was granted to the Karachi Bench of the West Pakistan High Court under Section 5. The West Pakistan High Court (Establishment) Order, 1955 applied under the High Court (Establishment) Order, 1970 and the Balochistan High. Implemented by the Court and currently under the Balochistan and Sindh Sindh High Court (High Courts) Order, 1976 Wa Firdous Trading The theory taken by Wahiduddin Ahmed, J. Sindh, in the Republic vs. Japan Cotton and General Trading Company Limited (PLD 1961 Karachi 565), on the nature of urban civil jurisdiction exercised by the Sindh High Court. Correct Statement of Law [pp. 221, 222, 225, 227, 228, 230] A, B, C, D, E, F, G&H

P L D 2017 Supreme Court 207

Present: Abdul Kadir Shaikh, Naimuddin, Ajmal Mian, Sajjad Ali Shah and Nasir Aslam Zahid, JJ

PROVINCE OF SINDH—Appellant

versus

Haji RAZZAQ and others—Respondents

Civil Appeals Nos. 137-K to 145-K of 1976, decided on 25th February, 1991.

(On appeal from the judgment/order of High Court of Sindh and Balochistan, Karachi dated 2nd July, 1975 in High Court Appeal No.61 of 1974)

W Sindh Courts Act (VII of 1926) [since repealed]-

S. 8 High Court of West Pakistan (Establishment) Order (XIX of 1955 para.5—High Court Establishment Order (P.O. 8 of 1970), ,-Art 3(1)(c) Balochistan and Sindh (High Courts) Order (P. civil jurisdiction exercised by Sindh High Court jurisdiction of the High Court but it was only perfÓrm;ing the duties of the principal civil court of original civil jurisdiction within the district of Karachi under a special statute i.e., S.8 of the Sindh Courts Act, 1926—After establishment of High Court of the West Pakistan under the High Court of West Pakistan (Establishment) Order, 1955, original civil (and criminal) jurisdiction was conferred upon the Karachi Bench of said Court—Original civil (and criminal) jurisdiction of the Wes/  Pakistan High Court (Karachi Bench) was of a special nature and not 'j ordinary civil jurisdiction—Such nature of jurisdiction both on civil and criminal sides/ that was conferred on the Karachi Bench of West Pakistan High Court under S.5 of the High Court of West Pakistan (Establishment) Order, 1955, continued to be exercised by the Sindh and Balochistan High Court established under High Courts (Establishment) Order, 1970 and presently by the High Court of Sindh  under Balochistan and Sindh (High Courts) Order, 1976—View taken by Waheeduddin Ahmed, J., in Firdous Trading Corporation v. Japan Cotton and General Trading Co. Ltd. (PLD 1961 Karachi 565) on the nature of original civil jurisdiction exercised by the Sindh High Court was declared to be the correct statement of law. [pp. 221, 222, 225, 227, 228, 230] A, B, C, D, E, F, G & H

Razak v. Usman PLD 1975 Kar. 944 held to be incorrectly decided.

(b) Court Fees Act (VII of 1870)

—Ss. 3, 4 & 6—Sindh Courts Act (VII of 1926) [since repealed], S.8—High Court of West Pakistan (Establishment) Order (XIX of 1955), Art.5—High Court Establishment Order (P.O. 8 of 1970), Art.3(l)(c)—Balochistan and Sindh (High Courts) Order (P.O. No. 6 of 1976), Art.3(b)—Establishment of West Pakistan Act (XIX of 1955), S.10(l)—Payment of court fee on suits on the original side of the fÓrm;er High Court of West Pakistan (Karachi Bench) now Sindh High Court, and on appeals against the judgments and orders passed on the original side of that High Court—Original civil jurisdiction of Karachi Bench of the West Pakistan High Court was special jurisdiction and not ’ordinary civil jurisdiction’ within the scope of S. 4 of the Court Fees Act, 1870—Court fee was payable on an appeal from a Single Judge of the Karachi Bench of the West Pakistan High Court inasmuch as the earlier position was continued intact by virtue of S.10(l) of Establishment of West Pakistan Act, 1955—Court fees which were levied in the Chief Court of Sindh on appeal continued to be levied on appeal from suits on the original side of the Sindh High Court—View taken by Waheeduddin Ahmed, J., in Firdous Trading Corporation v. Japan Cotton and General Trading Co. Ltd. (PLD 1961 Karachi 565) as to the payment of court fee under the Court Fees Act, 1870 on suits filed in the original side of the fÓrm;er High Court of West Pakistan (Karachi Bench), now Sindh High Court, and on appeals against the judgments and orders passed on the original side of that High Court stated the correct position of law. [pp. 221, 227, 230] A, E & H

J. H. Rehmatoola, Advocate Supreme Court, Abdul Ghafoor Mangi, Assistant Advocate-General, Sindh and A. A. Dastagir, Advocate-on-Record for Appellant.

A. Aziz Khan, Advocate-on-Record for Respondents (in C.A.137-K of 1976).

S. Irteza H. Zaidi, Advocate Supreme Court for Respondents (in C.A. 139-K of 1976).

Ahmedullah Farooqi, Advocate-on-Record for Respondents (in C.A. 140-K and 144-K of 1976).

Ali Akbar, Advocate-on-Record for Respondents (in C.A. 143-K of 1976).

Dates of hearing: 24th and 25th February, 1991.

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