GHULAM ASGHAR PATHAN vs FEDERATION OF PAKISTAN S — 2023 PLD 187 KARACHI-HIGH-COURT-SINDH

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GHULAM ASGHAR PATHAN VS FEDERATION OF PAKISTAN S. 7---Original jurisdiction of the court of District Judge---Original jurisdiction of High Court ---Scope---Commercial cases---Petitioners argued that S. 7 of the Sindh Civil Courts Ordinance, 1962, concentrated cases which should be heard in the ordinary courts of civil judicature under the aegis of District Judge, instead of the High Court---Petitioners claimed that limiting the pecuniary jurisdiction of District Courts in Karachi District was discriminatory, as such jurisdiction was unlimited in all other districts and throughout the country---Held, that while preserving the jurisdiction for commercial disputes was important, the singular basis of a pecuniary threshold was unworkable, as it lead to an overwhelming number of non-commercial cases inundating the forum and delaying the resolution of commercial disputes---Most of the pending civil cases in the High Court are of a non-commercial nature and they could have been handled at the district level, creating an unnecessary bottleneck on the original side and constricting the smooth passage of cases---Establishment of commercial courts, similar to those established in Punjab by the Lahore High Court, can provide a solution to this problem, especially given Karachi's status as a center of commerce and the economic engine of the country---Provincial Government was directed to consider taking remedial action, including tabling an amendment to S. 7 and related provisions of the Sindh Civil Courts Ordinance, 1962 (the 'Ordinance')---Amendment can either eliminate the exception to the jurisdiction of the District Judge in Karachi district or limit it to encompass only those civil suits and proceedings that fall above the prescribed pecuniary threshold and involve commercial disputes.

GHULAM ASGHAR PATHAN vs FEDERATION OF PAKISTAN S — 2023 PLD 187 KARACHI-HIGH-COURT-SINDH

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