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Civil Miscellaneous in Regular First Appeal No.37 of 1985, decided on 15th December, 1986.

---S. 18 [as amended by Punjab Civil Courts, Ordinance (Amendment) Act IV of 1986)]--Regular First Appeals pending in High Court sent to respective District judges on enhancement of jurisdiction--Validity--Chief Justice has full powers on administrative side for allocation of work in public interest--Such power could be exercised retrospectively- Administrative order of Chief Justice would in no way affect right of appeal--Only forum of appeal having been changed, amendment in Civil Courts Ordinance, 1962, as well as order of Chief Justice transferring pending appeals being in public interest were subject to no exception.

Muhammad Ibrahim Nunshey v Province of West Pakistan P L D 1968 S C 1; E.A. Evens v. Muhammad Ashraf P L D 1964 S C 536; Province of West Pakistan v. P.W.R. Stores Union and another P L D 1975 Lah. 1072 and Small Town Committee of Budhlada v. Firm Bhuria Mal Parmeshwari Dass A I R 1953 Punj. 94 ref.

---S.151--West Pakistan Civil Courts Ordinance (II of 1962), S.18 [as amended by Punjab Civil Courts Ordinance (Amendment) Act (V of 1986)]--Pecuniary jurisdiction of District Judges for hearing appeal enhanced--Regular First Appeal within enhanced pecuniary jurisdiction of District Judges transferred by administrative order--Application for recall of such appeals to High Court being misconceived was rejected in circumstances.

Yusuf Ali Khan for Petitioner.

Bashir son of Akbar Kharal resident of Chak No.355/GB, Tehsil Jaranwala District Faisalabad has filed this application under section 151, C.P. C. against Wazir Ali son of Maji Khan. The relief prayed is that the order of the Additional District Judge dated 20-11-1986 be quashed and the appeal filed by Bashir be directed to be heard by this Court.

It is necessary to refer to the background of this petition. Petitioner has filed R .F. A. No.37 of 1985 in this Court. The aforesaid appeal was sent back to the District Judge, Faisalabad by the High Court for decision on merits, the reason was amendment in the Punjab Civil Courts Ordinance, whereby the pecuniary jurisdiction was raised from Rs.50,000 to Rs.2 lacs.

In pursuance of this the then Chief Justice on the administrative side directed the office to send the cases to respective District Judges for disposal. Order of the Chief Justice was complied with and the appeal was sent to District Judge, Faisalabad.

It so appears that when the appeal came for hearing before the Additional District Judge, Faisalabad, an objection was raised on behalf of Bashir with regard to the competency of appeal. The objection was turned down by order dated 20-11-1986. It is this order which the applicant wants to be quashed and appeal be sent for and decided by this Court on merits.

Learned counsel appearing in support of this petition contended that the R . F . A . which has been remitted for decision was filed in this Court before the amendment came into force. Therefore, it could not be sent back to be decided by Additional District Judge. In support of this contention learned counsel cited the decision of the Hon'ble Supreme Court of Pakistan in Muhammad Ibrahim Nunshey v. Province of West Pakistan P L D 1968 S C 1. It was argued that the amendment cannot be made applicable retrospectively in this case. That was the sole point urged before me. Counsel relied on one more decision of the Hon ble Supreme Court in E.A. Evens v. Muhammad Ashraf P L D 1964 S C 536. He also relied on a decision of this Court in Province of West Pakistan v. P.W.R. Stores Union and another P L D 1975 Lah. 1072. Reliance was also placed on a decision of Indian High Court in Small Town Committee of Budhlada v. Firm Bhuria Mal-Parmeshwari Dass AIR 1953 Punj. 94.

On 14-7-1986, the following amendment in the Punjab Civil Courts Ordinance, 1962 (II of 1962) came into operation with immediate effect:-

"In section 18, in sub-clause (i) in clause (a) for the words "fifty" the words "two hundred" shall be substituted."

In pursuance of this, the then Chief Justice directed the office that R. F. A's up to the value of Rs. 2 lac be returned to the District Judges for disposal.

This was followed by an office circular to all the District Judges which was that the appeals up to the value of Rs.2 lac were being returned for disposal to them. This is how the present R .F. A. was sent back to the District Judge, Faisalabad, who entrusted it for disposal to one of the Additional District Judges at Faisalabad.

I have considered the contention of the counsel for the petitioner and have also gone through the case-law referred to above.

The factual and the legal position in the instant case especially in this miscellaneous application is totally different from all the cases cited at the Bar.

The Chief Justice has full power on the administrative side for allocation of work in public interest. This is what was exactly done in the instant case and similar other cases.

The contention of the counsel that this could not be done retrospectively has no force. The administrative order of the Chief Justice in no way affected the right of appeal. Only the forum was changed. The amendment in law as well as the order of the Chief Justice being in public interest are subject to no exception.

Moreover I find that this is not the first time when such a situation has arisen. Even in the past when the Punjab Civil Courts (Amendment) Ordinance, 1978 (Punjab Ordinance No. XX of 1978) came into operation, the value of civil appeals was enhanced from Rs.25,000 to Rs.50,000 and all the R.F.As. were returned to the District Judges for decision.

Before concluding I would like to observe that the learned counsel requested that this is a fit case to be referred to a Full Bench.

I do not agree with the learned counsel because I am of the view that the present application is misconceived. It has no merit. The same is hereby dismissed.

A.A./B-7/L Application dismissed.

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