The competency of a Civil Court under Section 146(1) of the Code of Criminal Procedure rests exclusively on territorial consideration and not on pecuniary jurisdiction.

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 accordingly held that the objection was not tenable in law. And it is against this order that the present rule has been issued.

3. Before however, I enter into the discussion of the question raised, I think it is necessary to set out the relevant provisions of the Code of Criminal Procedure bearing on the subject. Clause (6) of Sec.145 of the Code of Criminal Procedure provides :.

"145(6) If the Magistrate decides that one of the parties was or should under the second proviso to Sub-section (4) be treated as being in such possession of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law and forbidding all disturbance of such possession until such eviction and when he proceeds under the second proviso to Sub-section (4) may restore to possession the party forcibly and wrongfully dispossessed."

4. Thereafter Sec.146 (1), so far as is relevant for the purpose of this case, states :.

"146(1): If the Magistrate is of opinion that none of the parties was then in such possession, or is unable to decide as to which of them was then in such possession of the subject of dispute, he may attach it, and draw up a statement of the facts of the case and forward the record of the proceedings to a Civil Court of competent jurisdiction to decide the question whether any and which of the parties was in possession of the subject of dispute at the date of the order as explained in Sub-section (4) of Sec.145, and he shall direct the parties to appear before the Civil Court on a date to be fixed by him."

And finally Sub-clause (IB) of that section directs that on the conclusion of the inquiry the Civil Court will "transmit its finding together with the record of the proceeding to the Magistrate by whom the reference was made and the Magistrate shall, on receipt thereof, proceed to dispose of the proceeding under Sec.145 in conformity with the decision of the Civil Court." These provisions, in my opinion, make it clear that notwithstanding the reference, if any, made to the Civil Court, for a finding on the point of possession, the proceeding itself at no stage is ever transferred as a whole to the civil Court, so much so that on receipt of the opinion from the Civil Court, it is again the criminal Court which finally disposes of that application. Further, even while it is pending there it lies within the discretion of the criminal Court, if it so likes as is provided in the proviso to Sec.146(1) of the Code of Criminal Procedure, to drop the proceeding finally and to withdraw the attachment. That means, the proceeding even on reference made to the Civil Court on the point of possession retains its old moorings and does not change its character from a criminal proceeding to a civil pr