Citation Name: 2023 PLD 133 PESHAWAR-HIGH-COURTBookmark this Case Mst. NASEEM ISHAQ vs KHIZAR HAYAT Ss

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Citation Name: 2023 PLD 133 PESHAWAR-HIGH-COURTBookmark this Case Mst. NASEEM ISHAQ VS KHIZAR HAYAT Ss. 8, 42 & 54---West Pakistan Civil Courts Ordinance (II of 1962), S. 18---Civil Procedure Code (V of 1908), Ss. 6 & 106 [as amended by S. 3 of Khyber Pakhtunkhwa Code of Civil Procedure (Amendment) Act (XLIX of 2020)]---Civil Courts, pecuniary jurisdiction---Nature of change---Retrospective effect---Scope---Respondents/plaintiffs fixed value of the suit as Rs.100 million in the plaint---Plea raised by appellants/defendants was that after amendment, jurisdiction to try the suit had changed---Validity---Amendment introduced through S. 3 of Khyber Pakhtunkhwa Code of Civil Procedure (Amendment) Act, 2020, whereby pecuniary jurisdiction of Civil Judge viz-a-viz District Judge was determined, had the effect on all pending suits which should be transferred by respective Civil Judges seized of the matter to competent Court under S. 6(b), C.P.C. (as substituted)---Statute amending forum for institution of appeal or that of Appellate Court during pendency of the lis was to have retrospective effect unless otherwise provided by subsequent/amending Act---Appellants/defendants filed appeal under S. 106, C.P.C., which was also amended through Khyber Pakhtunkhwa Code of Civil Procedure (Amendment) Act, 2020---Prior to the amendment, appeal against any interim order passed by a Civil Judge, where value for the purpose of jurisdiction was fixed or determined more than Rupees ten million, would also lie to High Court in view of un-amended S.106, C.P.C. read with S. 18 of West Pakistan Civil Court Ordinance, 1962---By amending S. 106, C.P.C. through Khyber Pakhtunkhwa Code of Civil Procedure (Amendment) Act, 2020, any order passed by Civil Judge during pendency of proceedings, was appealable before District Judge and not before High Court---Amendment in question had retrospective effect as it changed forum of appeal---High Court had no jurisdiction to entertain appeal filed by appellants/defendants---High Court directed the office to transmit the appeal to concerned District Judge for adjudication in accordance with law---High Court directed the parties to appear before District Judge concerned---Appeal was transmitted accordingly. Citation Name: 2023 PLD 133 PESHAWAR-HIGH-COURTBookmark this Case Mst. NASEEM ISHAQ VS KHIZAR HAYAT Change of forum---Retrospective effect---Scope---Statute providing change of forum pecuniary or otherwise is procedural in nature and has retrospective effect unless contrary is provided expressly or impliedly or it affects existing right or causes injustice or prejudice. Citation Name: 2023 PLD 133 PESHAWAR-HIGH-COURTBookmark this Case Mst. NASEEM ISHAQ VS KHIZAR HAYAT Non-obstante clause---Object, purpose and scope---Non-obstante clause is inserted in order to uphold enforceability of the provision of law over any other provision i.e. contradictory to it---This clause is used to clarify intention of legislature in cases where two provisions appear contradictory and the provisions starting with non-obstante clause has overriding effect on any other provision to the contrary in same statute or in any other statute.

Citation Name: 2023 PLD 133 PESHAWAR-HIGH-COURTBookmark this Case Mst. NASEEM ISHAQ vs KHIZAR HAYAT Ss — 2023 PLD 133 PESHAWAR-HIGH-COURT

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