Malik AMAN and others vs ABDUL AZIZ through LRs.
This matter arises from an order passed by the Civil Judge, Oghi, in execution proceedings and a subsequent impugned judgment that set aside the Civil Court's order. The core legal question concerns the competency of an appeal before the Supreme Court where the value of the subject-matter exceeds five hundred thousand rupees. The court held that, subject to all just and legal exceptions, the appeal is competent under the relevant constitutional provision and accordingly overruled the office objection, ordering the appeal to be entertained and processed in accordance with law. The key principle laid down is that appeals involving subject-matters exceeding the prescribed pecuniary threshold are competent before the Supreme Court under Article 185 of the Constitution of Pakistan.
- Is an appeal competent before the Supreme Court where the value of the subject-matter exceeds Rs. 500,000?
- Whether an office objection regarding the competency of an appeal can be overruled when the statutory pecuniary threshold is met?
- Article 185(1)(2)(d), Constitution of Pakistan 1973
ORDER
1. IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---On having gone through order dated 7-2-2007, passed by learned Civil Judge, Oghi, in execution proceedings and the impugned judgment dated 21-9-2011, in pursuance whereof the order of the Civil Court was set aside and the contention of the learned counsel that the value of the subject-matter is more than Rs. 500,000, we are prima facie of the opinion that, subject to all just and legal exceptions, appeal is competent under Article 185(1)(2)(d) of the Constitution, therefore, the office objection is overruled and the appeal is ordered to be entertained and processed in accordance with law.
2. Office objection overruled.