24. Civil Court having unlimited jurisdiction regarding value to try suits against the State and its servants in their official capacity.--No Civil Court not having jurisdiction in original suits without limit as regards value and no Court of the Small Causes shall receive, entertain or register any suit in which Pakistan or any of its provinces or public officer as defined in clause (17) of Section 2 of the Code of Civil Procedure, 1908 in his official capacity, is party:
[Provided that in the Karachi District any such suit, if the value thereof does not exceed twenty-five thousand rupees, [now rupees five lac], may be instituted in the Court of the District Judge, the Additional District Judge of the First Class, and in the High Court where the value of the suit exceeds twenty five thousand rupees [now rupees five lac].]
(2) In every such case the plaintiff shall be referred to the Court of Civil Judge having jurisdiction in original suits without limit as regard value and such suits shall be instituted only in the Court of such Civil Judge and shall be heard at the Head-quarters of District;
[(2-A) Notwithstanding anything contained in sub-sections (1) and (2) in the Karachi District, any suit if the value thereof does not exceeds [now rupees five lac], may be instituted in and be tried by the Court of the District Judge, the Additional District Judge or Civil Judge of the first class, and where the value of the suit exceeds [now rupees five lac rupees,] it shall be instituted in and be tried by the High Court.
(2-B) The High Court may transfer any civil suit, whether
instituted before or after the coming into force of the West Pakistan Civil
Courts (Amendment) Act, 1963, and whether pending before it or in any other
Court, which under the provisions of sub-section (2-A) may be tried by a Civil
Court constituted under this Ordinance, the suit.
(3) Nothing in this section shall be deemed to apply to a suit relating to the affairs of a Government, Railway or to any suit merely because a public officer is a party thereto in his official capacity as--
(a) a member of a local authority;
(b) a curator, guardian, manager or representative of a private person estate in virtue of an appointment, delegation, declaration or exercise of power under--
(i) Order XXXII, Rule 4(4) of the Code of Civil Procedure, 1908;
(ii) Section 195 of the Succession Act, 1925;
(iii) Section 69 or 71 of the Lunacy Act, 1912;
(iv) Sections 7, 18 or 42 of the Guardians and Wards Act, 1890; or
(v) any provisions of any
Sindh Amendment: [(1) (a)
(b) No Court of Small Causes;
(c) No Civil Court lower than the Court of the District Judge, or the Additional District Judge, in a suit ought to be filed by a Government servant relating to his service or matters pertaining thereto;
shall receive, entertain, or register, any suit in which Pakistan, or any of its Provinces, or any public officer as defined in clause (17) of Section 2 of the Code of Civil Procedure, 1908 (Act V of 1908) in his official capacity, is a party:
Provided that in the
(a) any such suit not being a suit specified in clause (c), if the value thereof does not exceed [thirty lacs rupees] may be instituted in the Court of the District Judge, the Additional District Judge, or a Civil Judge of the First Class and in the High Court where the value of the suit exceeds thirty lacs rupees];
(b) A suit as specified in clause (c) may be instituted in the Court of the District Judge or the Additional District Judge if the value thereof does not exceed [thirty lacs of rupees] and in the High Court where the value exceeds [thirty lacs rupees].