Description:
An amendment in Section 18 of the West Pakistan Civil Courts Ordinance, 1962
with respect to appellate jurisdiction of the learned District Judge has been enacted
through the Civil Court (Amendment) Act, 2025, in the following manner :-
"2. Amendment in section 18, W.P. Ordinance II of 1962 .- In the Civil Courts
Ordinance, 1962 (W.P. Ordinance II of 1962), in section 18, for sub-section (1), the
following shall be substituted, namely: --
"(1) Save as aforesaid, an appeal from a decree or order of a Civil Judge shall
lie to the District Judge."
In pursuance to the said amendment, a Ciyil Reference bearing Number 01 of 2025
was initiated and fixed for regular hearing before the Hon'ble Division Bench, for
consideration of the following questions :-
Whether amendment made in Section 18 is a matter of procedure and had
retrospective effect?
Whether High Court can transfer pending appeals to the District Judges on its own
motion without notice to the parties to the lis?"
The Hon'ble Division Bench has been pleased to decide the cited Reference vide
Judgment dated 23.06.2025. The operative part of the said Judgment is reproduced below
for ready reference: -
