JUDGMENT

Sharma J (delivering oral judgment):

This suit is fixed for hearing today. At the very commencement of the hearing the learned Senior Federal Counsel appearing for the defendants rose to make a preliminary objection to the jurisdiction of the Court to entertain this suit and he referred to the provisions of Art. 128(2) of the Federal Constitution which reads:

Without prejudice to any appellate jurisdiction of the Federal Court. where in any proceedings before another Court a question arises as to the effect of any provision of this Constitution, the Federal Court shall have jurisdiction (subject to any rules of Court regulating the exercise of that jurisdiction) to determine the question and remit the case to the other Court to be disposed of in accordance with the determination." (emphasis supplied).

The opening words of s. 23(1) of the Courts of Judicature Act, 1964 are:

Subject to the limitation contained in Article 128 of the Constitution the High Court shall have jurisdiction to try all civil proceedings ... (emphasis supplied).

There is no doubt that the rights claimed by the plaintiff in the present suit are civil rights and these are civil proceedings. He is on