Name Osama Gul

Enrollment No 01-177211-049
Subject Code Of Civil Procedure-1
Instructor Professor Uzair

Question: Elaborate how you would ascertain the court of competent jurisdiction for a dispute brought
before you. Mention the pecuniary jurisdiction for a Court of Civil Judicature exercising original
jurisdiction to try a Civil Suit in the Province of Sindh. Refer to the notification/statute setting out
pecuniary jurisdiction in said Province.

Introduction

In the legal system of Pakistan, competent jurisdiction forms the bedrock upon which the administration of
justice rests. It denotes the authority of a court to hear and decide specific cases, encompassing various factors
such as subject matter, geographical location, and the parties involved. Pecuniary jurisdiction, a critical
component of competent jurisdiction, pertains to the monetary limits within which a court can adjudicate cases.
This paper delves into the intricate workings of competent jurisdiction and pecuniary limits within the Pakistani
legal framework, elucidating the relevant laws, regulations, and practices that govern these aspects.
Understanding Competent Jurisdiction:

Competent jurisdiction is a fundamental principle ensuring that legal proceedings are conducted in accordance
with established laws and procedures. It signifies the legal authority and sustainability of a court to hear or
decide a particular case. In Pakistan, the concept of competent jurisdiction is enshrined in the Civil Procedure
Code, which outlines the framework for determining a court's jurisdictional authority. According to Section 6 of
the Civil Procedure Code, unless expressly provided otherwise, a court's jurisdiction is limited by the monetary
threshold specified therein.1 Additionally, Section 9 of the code affirms that courts have jurisdiction over all
civil suits, subject to any express or implied legal restrictions.

Furthermore, Section 15 of the Civil Procedure Code directs that suits should be instituted in the court of the
lowest grade competent to try them. This principle of forum shopping ensures that cases are brought before the
appropriate judicial authority, thereby facilitating efficient case management and adjudication. 2Competent
jurisdiction, therefore, ensures that legal proceedings are conducted in a fair and just manner, upholding the rule
of law and safeguarding the rights of the parties involved.

Exploring Pecuniary Jurisdiction:

Pecuniary jurisdiction, a subset of competent jurisdiction, pertains to the monetary limits within which a court
can adjudicate cases. In Pakistan, the determination of pecuniary jurisdiction is governed by specific provisions
outlined in the Civil Procedure Code and other relevant ordinances. Section 6 of the Civil Procedure Code lays
down the framework for pecuniary jurisdiction, stating that unless otherwise expressly provided, a court's
jurisdiction is limited to cases falling within a specified monetary threshold.

In the context of Sindh, the Sindh Civil Courts Ordinance provides specific provisions regarding pecuniary
jurisdiction. For instance, Section 7 of the ordinance delineates the jurisdiction of District Judges in Civil
Courts, particularly in Karachi District. It stipulates that District Judges in Karachi District can handle civil
cases up to “sixty five million”rupees, beyond which the jurisdiction shifts to the High Court. 3
Furthermore ,the Civil Original Jurisdiction of the High Court extends to all civil cases, including company
cases and admiralty cases, where the relief claimed exceeds “sixty five million”rupees. However, in banking
matters, the jurisdiction threshold is set at exceeding fifty million rupees. This delineates the monetary limits
within which the civil courts in Sindh have authority to adjudicate civil suits.

1 The Code of Civil Procedure, 1908, section 6

2 The Code of Civil Procedure, 1908, section 1

3 Sindh Civil Courts Ordinance,1962, Section 7 (Sindh Civil Courts (Amendment) Act, 2021)
Implications and Significance:
Competent jurisdiction and pecuniary limits play a pivotal role in ensuring the efficient administration of justice
in Pakistan. By delineating the authority of courts to hear and decide cases, these principles provide clarity and
certainty to litigants, legal practitioners, and judicial authorities. Moreover, they uphold the rule of law and
safeguard the rights of the parties involved, ensuring that legal proceedings are conducted in a fair, just, and
transparent manner. In the case law of Zafeer Gul v. Dr. Riaz Ali and others4 , it was clarified that in a plaint
for determining pecuniary jurisdiction, the valuation shown therein is deemed to be the proper value of the suit
property until final determination by the court. This valuation serves as the basis for availing the remedy of
appeal regarding the determination of the forum of appeal.

Furthermore, the determination of pecuniary jurisdiction helps in streamlining the judicial process by directing
cases to the appropriate judicial authority based on the nature and value of the dispute. This prevents forum
shopping and ensures that cases are adjudicated by judges with the requisite expertise and experience, thereby
enhancing the quality and efficiency of justice delivery.

Conclusion:
In conclusion, competent jurisdiction and pecuniary limits are essential pillars of the legal system in Pakistan.
These principles ensure that legal proceedings are conducted in accordance with established laws and
procedures, upholding the rule of law and safeguarding the rights of the parties involved. By delineating the
authority of courts to hear and decide cases, competent jurisdiction and pecuniary limits provide clarity,
certainty, and efficiency to the administration of justice. Moving forward, it is imperative to uphold and
strengthen these principles to ensure a fair, just, and transparent legal system in Pakistan.

4
(2015) SCMR 1691