Mst. NASREEN BIBI vs AHBAB AGRO FARMS (PVT — 2024 CLC 529 ISLAMABAD

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Mst. NASREEN BIBI VS AHBAB AGRO FARMS (PVT.) LTD. Ss. 24, 96 & 159 [as amended by the Code of Civil Procedure (Amendment) Act (XIX of 2023)]---Civil Courts Ordinance (II of 1962), S. 18---Transfer/transmission of the appeal to the District Court from the High Court---Plea of the appellant was that the matter/appeal be transmitted/transfered to the District Court while respondents conceded the same---Validity---Section 96 of the Civil Procedure Code, 1908 was amended by the Code of Civil Procedure (Amendment) Act, 2023, ('Act of 2023') on 03.05.2023 and the District Courts were granted jurisdiction again under S. 18 of the Civil Courts Ordinance, 1962, to the extent of pecuniary matters not exceeding Rs.25,00,000/-, however, when the present appeal was preferred, S.96 of the C.P.C., 1908, at relevant time, stipulated that High Court was the exclusive forum for hearing and deciding appeals against judgment and decree passed by the Courts of plenary jurisdiction---In the present matter, pecuniary jurisdiction was, admittedly, less than Rs.25,00,000/- and if such claim/appeal were to be preferred today, the matter would be agitated in the relevant District Court---Section 16 of the Act of 2023 had amended S.159 of the Code of Civil Procedure, 1908 and its amended form showed that all proceedings commenced before the Act of 2023 were considered to be the proceedings of and dealt in accordance with the provisions of the Code which existed prior to the commencement of the Act of 2023---In the explanation to the said Section, it was provided that proceedings included appeal, review, revision, execution applications and/or all incidental matters thereto--Outcome of the amended S. 159, C.P.C. was that appeals or a suit filed prior to the Act of 2023 would continue to be treated as matters agitated under amended S. 96, C.P.C., or other similar provisions pursuant to the amendments made through Code of Civil Procedure (Amendment) Act, 2020---In other words, the amendment made in Act of 2023 shall not disturb the appeals/suits etc. by virtue of change in law---In view of referred provision of law, High Court continued to have jurisdiction to decide the present appeal, however, since a specific request had been made by all the parties present in the Court to transmit the matter to the District Court so that another forum of appeal/revision remained available to the aggrieved party, High Court directed that the order be passed under S. 24, C.P.C., 1908---Section 24 of the C.P.C, 1908, showed that High Court had the jurisdiction to transfer any proceedings including appeals pending before it for trial or disposal to any court subordinate to it and competent to try and dispose of the same---Under the said provision, as the present appeal was pending before the High Court, it certainly had jurisdiction to transfer the same to the court of competent jurisdiction which was District Court as well---A counter argument with respect to transfer of the appeal from High Court to the court of District Court could be that the legislature did not want the proceedings to be disturbed, hence amendment in S.159, C.P.C., was made, however, that argument has little or no substance, as if that was to prevail, S.24, C.P.C., 1908, would become redundant with respect to all proceedings including appeals and suits filed between the year 2020 to 03.05.2023---At present, relevant District Court does have jurisdiction to hear the present appeal pursuant to amendment made in S.96 by Act of 2023---Therefore, High Court transferred/transmitted the appeal to the relevant District Court---Matter was disposed of accordingly.

Mst. NASREEN BIBI vs AHBAB AGRO FARMS (PVT — 2024 CLC 529 ISLAMABAD

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