Islamabad High Court Clarifies Maintainability of Second Appeal — Section 102 CPC (ICT)
Approved for Reporting Judgment — Legal Insight Series
Court: Islamabad High Court
Case: Civil Revision No. 56 / 2026
Judge: Hon. Mr. Justice Mohsin Akhtar Kayani
Decision Date: 02 February 2026
Status: Approved for Reporting
Introducttion
The Islamabad High Court has recently delivered an important reported judgment clarifying the legal position regarding maintainability of Regular Second Appeals under Section 102 of the Code of Civil Procedure, 1908 in Islamabad Capital Territory (ICT).
This judgment provides clarity on procedural law and reinforces the principle that procedural technicalities should not defeat substantive justice where statutory prescription is absent.
Background of the Case
The matter arose from civil litigation involving recovery of amount where the appellate court had already passed decree. The case reached the High Court in the form of Regular Second Appeal which was later examined in light of legislative changes relating to Section 102 CPC.
The Court examined historical amendments, provincial legislative framework, and applicability of pecuniary limits for filing second appeals.
Key Legal Findings
The Honorable Court clarified that:
- Where no pecuniary value is prescribed through law or rules, restriction on filing second appeal cannot be applied mechanically.
- The legislative intent indicated delegation of pecuniary threshold determination through rules or subordinate legislation.
- In absence of prescribed rules, automatic bar cannot defeat right of appeal.
The Court also reaffirmed that procedural law must be interpreted in a manner that protects legal rights and ensures access to justice.
Important Observation on 2019–2023 Period
The Court also examined the legal position during the period when provisions relating to second appeal were omitted and later reinserted through legislative amendments.
This clarification is important for cases filed during transitional legislative periods.
Principle of Conversion of Proceedings
The Court further reiterated that courts possess power to convert proceedings into appropriate legal remedy where required to protect rights of litigants and ensure justice.
This reflects constitutional protection of access to justice and fair trial principles.
Practical Legal Impact
This judgment is significant for:
- Civil litigation strategy
- Recovery suits
- Appellate litigation planning
- Procedural law interpretation
- Cases involving technical maintainability objections
Why this Matters for Litigants & Businesses
Litigation often involves procedural objections which may affect maintainability of appeals and remedies. This judgment emphasizes that absence of clear statutory prescription cannot be used to defeat substantive rights.
Early legal strategy and proper procedural planning remains essential in civil disputes.
Conclusion
The judgment strengthens procedural fairness and clarifies ambiguity regarding second appeal maintainability in Islamabad Capital Territory. It also reinforces judicial commitment towards substantive justice over procedural technicalities.
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