| Case ID |
1a46bde6-1ddd-46e4-b21e-25f49439beac |
| Body |
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| Case Number |
Suit No.323 of 2013 |
| Decision Date |
Apr 10, 2014 |
| Hearing Date |
Apr 10, 2014 |
| Decision |
The application for transfer of the Suit from the Sindh High Court to the Senior Civil Judge was dismissed. The court held that the minimum limit of pecuniary jurisdiction was enhanced by the Sindh Civil Courts (Amendment) Act, 2010, but this change did not affect the jurisdiction over suits that were pending prior to the Act's commencement. Since this case was originally filed in 1995, the High Court retained the jurisdiction to adjudicate the matter despite the valuation being below the new minimum limit. No order as to costs was made. |
| Summary |
This case, Suit No.323 of 2013, was heard in the Sindh High Court involving the legal heirs of Mst. Aziz Bano and Khalifa Aziz Mian. The key legal question was whether the High Court had the jurisdiction to hear a case valued at Rs. 5 million, given that the minimum limit had been raised to Rs. 15 million. The court clarified that pending cases prior to the amendment were unaffected by the change in jurisdiction limits, allowing the matter to be heard by the High Court. This case highlights the importance of jurisdictional thresholds and the impact of legislative changes on ongoing litigation. Legal professionals should note the implications of such amendments on case management and jurisdictional authority. Keywords: jurisdiction, pecuniary limit, legal heirs, Sindh High Court, case law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NADEEM AKHTAR, J
|
| Lawyers |
K.B. Bhutto,
Ch. Muhammad Hanif,
Raza Rabbani,
Saalim Salam Ansari,
M. Zeeshan Abdullah
|
| Petitioners |
Mst. AZIZ BANO through L.Rs. and others
|
| Respondents |
Khalifa AZIZ MIAN through L.Rs. and others
|
| Citations |
2014 SLD 1758,
2014 CLC 1123
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Civil Courts Ordinance (II of 1962),
Sindh Civil Courts (Amendment) Act (III of 2010)
|
| Sections |
7
|