Original Civil Jurisdiction: Case Law

1996 SCMR 1209 @ 1210

The Petitioner was directed to amend the Writ Petition and implead the Applicant (Ch. Sultan Mahmood) as a party in the Writ Petition. Feeling aggrieved thereby, the Petitioner filed Intra Court Appeal which was dismissed vide impugned order on the short ground of non maintainability. The High Court was of the view that Intra Court Appeal was not competent against an interim order passed by the learned single judge during the hearing of a constitution Petition.

We have heard Mr. Bashir A. Muhahid, Advocate, learned counsel for the Petitioner. We find that in view of the provisions of section 3(1) of the Law Reforms Ordinance, 1972 the division bench of the High Court was fully justified in holding the Intra Court Appeal of the Petitioner as not maintainable. Relevant provision i.e. section 3(1) reads as follows:-\

“An appeal shall lie to a bench of two or more judges of a High Court from a decree passed or final order made by a single judge of that court in the exercise of its original civil jurisdiction.”

JURISDICTION OF SINDH AND LAHORE HIGH COURTS: A TIME LINE

·         Government of India Act 1915

o   Section 106 – Jurisdiction, original and appellate “subject to the provisions of any such letters patent , all such jurisdiction, powers and authority as are vested in those courts respectively  at the commencement of this act”.

o   Section 107 – Superintendence

o   Section 108-  Power to make rules and Chief Justice’s power to determine which judge to sit on which cases and what Division Benches to be constituted.

o   Section 113- The Rex aka Emperor of India through the British Government is empowered to create additional High Courts.