Ahmad, J.

1. This application arises out of a proceeding under Sec.145 of the Code of Criminal Procedure, and the point raised is whether the com-potency of a Civil Court, as provided in Sec.146 of the Code of Criminal Procedure consists in its territorial jurisdiction alone or also in its pecuniary jurisdiction.

2. The facts, as stated in the order under revision, show that the value of the property in dispute was perhaps more than Rs. 4,000.00 and the reference, as provided under Sec.146 of the Code of Criminal Procedure, had been made by the Magistrate, before whom the proceeding under Sec.145 of the Code of Criminal Procedure was originally pending, to a munsif whose pecuniary jurisdiction., admittedly extended only up to Rs. 1000.00 in those circumstances a preliminary objection was raised in the Court of the Munsif that as the value of the property involved in the reference was more than Rs. 1,000.00 that court had no jurisdiction to hear the reference. The Munsif, however, on hearing the parties came to the view that "the word competent means the competent court of territorial jurisdiction and Sec. 6 of the C. P. C. will apply to suits and not to a proceeding" and ac