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Gujarat High Court
Judgename :M.S.Shah
NATUBHAI CHANDUBHAI DHOBI - Appellant
Versus
KOKILABEN D/o.CHANDUBHAI MOTIBHAI DHOBI - Respondent
C.R.A. 166 of 1999
Decided On : 03/05/1999
There is no pecuniary limit attached to the jurisdiction of the Civil Judge (Senior Division). The jurisdiction of the Civil Judge, (Senior Division) extends to all original suits and proceedings of a civil nature. It is only in case of the Civil Judge (Junior Division) that his jurisdiction is circumscribed within the pecuniary limit upto fifty thousand rupees. Hence the trial of the suit where the value of the subject matter of the suit is less than fifty thousand rupees, by the Civil Judge (S.D.) cannot be said to be without jurisdiction. In view of the aforesaid clear statutory language of the Sec. 24 of the Act there is no manner of doubt that the Court of Civil Judge (Senior Division) does have jurisdiction to try a suit where the value of the subject matter is less than fifty thousand rupees.
[Para 5]
Moreover, the learned Joint Civil Judge (S.D.), Anand has observed that he was bound to proceed with the case assigned to his Court as per the order dated 15.7.1993 of the learned District Judge and that it was not for him to decide whether the case is to be assigned to the Civil Judge (Junior Division) or not. He was only concerned with the question whether his Court i.e., the Court of the Civil Judge (S.D.) has jurisdiction to decide the case or not. The learned Judge further observed in Para 5 of his order that this Court is also empowered to try such suit even if it is re-numbered as Regular Civil Suit, as the local jurisdiction is also with this Court and the present Court as well as the Court of the Joint Civil Judge of Junior Division are joined with the Court of the Civil Judge (SD) (Main).
[Para 6]
Even if there were any substance in the argument that in view of Sec. 15 of the CPC and in view of the Amendment Act there would be automatic transfer of the suit to the Court of the Civil Judge (J.D.), in view of the aforesaid finding that the learned Civil Judge (S.D.) Anand, does have jurisdiction to try the suit in question no interference is called for with the order passed by the learned Joint Civil Judge (S.D.) Anand, in exercise of the discretionary power of this Court under Sec. 115 of the CPC, particularly when the suit is pending since 1989 and in spite of the amendment having come into force in November, 1993, the application in question (Ex. 37) was moved by the defendant in September, 1998.
[Para 8]
( 1 ) IN this Revision Application under Sec. 115 of the C. P. C. the petitioners-original defendants challenge the order dated 28-12-1998 passed by the learned Civil Judge (S. D.), Anand, rejecting Application Exh. 37 in a suit which was previously,numbered as Special Civil Suit No. 8 of 1989 and now re-numbered as Regular Civil Suit No. 453 of 1998.
( 2 ) THE respondents-original plaintiffs filed the present suit for recovering a sum of Rs. 33. 000. 00 with interest and costs from the petitioners in the year 1989. The suit was instituted in the Court of the Civil Judge (Senior Division) and it was also numbered as a Special Civil Suit. In the year 1993 the Bombay Civil Courts Act came to be amended and the pecuniary jurisdiction of the Civil Court (Junior division) was raised from Rs. 20,000. 00 to Rs. 50. 000. 00. The petitioners filed the present application on 17-9-1998 contending that the suit was required to be numbered as a Regular Civil Suit and transferred to the Court of the learned Civil judge (Junior Division) as the valuation of the suit was less than Rs. 50. 000. 00 and therefore, the Court of the Civil Judge (Senior Division) has no jurisdiction to try the suit. The application came to be partly allowed and partly rejected by the learned civil Judge (Senior Division), Anand, by directing that the suit be registered as a regular Civil Suit but then holding that even after the suit is re-numbered as Regular civil Suit instead of Special Civil Suit the Court of the Civil Judge (S. D.) will continue to have jurisdiction to try the suit. It is against the aforesaid order that the present Civil Revision Application is filed by the petitioners.
( 3 ) AT the hearing of this Civil Revision Application Mr. Mehta. learned Counsel for the petitioners has submitted that Sec. 6 of the Amending Act itself provided that all suits and proceedings of a civil nature wherein the subject-matter exceeds in amount or value twenty thousand rupees but does not exceed fifty thousand rupees. pending in a Court of Civil Judge (S. D.) immediately before the commencement of the Bombay Civil Courts (Gujarat Amendment) Act. shall after such commencement (i. e. , w. e. f. 1-11-1993) stand transferred to and be disposed of by a Civil Judge (J. D.) within the local limits of his ordinary jurisdiction. It is. therefore, vehemently submitted by Mr. Mehta that in view of the aforesaid statutory provision the Civil judge (Senior Division) does not have jurisdiction to try such suits.
( 4 ) ON the other hand Mr. Shah learned Counsel for the respondents has submitted that even after the amendment the Civil Judge (Senior Division) was not deprived of his jurisdiction as defined by Sec. 24 of the Bombay Civil Courts Act, i 869 (hereinafter referred to as the Act) since there is no lower or higher pecuniary limits attached to the jurisdiction of the Civil Judge (Senior Division) and therefore. the Civil Judge (S. D.), Anand has jurisdiction to try the suit in question.
( 5 ) HAVING heard the learned Counsels for the parties, this Court is of the view that no interference with the order passed by the learned Civil Judge (S. D. ). Anand is called for, as there is considerable substance in the argument of the learned counsel for the respondents. Section 24 of the Bombay Civil Courts Act. 1869 reads as under :"24. Classes of Civil Judge :- The Civil Judges shall he of two classes : jurisdiction of Civil Judge (Senior Division) - the jurisdiction of a Civil Judge (Senior Division) extends to all original suits and proceedings of a civil nature. Jurisdiction of a Civil Judge (Junior Division) - the jurisdiction of a Civil Judge (Junior Division) extends lo all original suits and proceedings of a civil nature wherein the subject -matter does not exceed in amount or value fifty thousand rupees. " (The words "fifty thousand rupees" were substituted for the words "twenty thousand rupees" by the Amendment Act, 1993) there is no pecuniary limit attache
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