S.15 of the Code does not apply to suits of a special nature governed by special provisions, and the District Court can transfer the suit to the Subordinate Judge's Court under S.24 of the Code.

Headnote:
S.92 - Jurisdiction of District Court and Subordinate Judge's Court - S.92, S.15, Ss. 11 and 17 of the Kerala Civil Courts Act, 1957 - The court discussed the application of S.92 of the Code of Civil Procedure, S.15 of the Code, and Ss. 11 and 17 of the Kerala Civil Courts Act, 1957. It highlighted that S.15 can take in only ordinary civil suits and the courts where they are to be instituted are determined by their pecuniary and territorial jurisdictions. The court emphasized that suits of a special nature, governed by special provisions, can be instituted in the courts specified in the special provisions, and S.15 cannot be invoked in such cases. The judgment also referred to various decisions to support its interpretation of the legal provisions.
Fact of the Case:

The appellants filed a suit before the District Court, Ernakulam under S.92 of the Code of Civil Procedure. The 1st respondent moved a petition for the return of the plaint to the proper Court, arguing that the suit ought to have been instituted in the Subordinate Judge's Court due to a government notification empowering such courts to try cases under S.92.
Finding of the Court:

The court held that S.15 of the Code, which determines the court in which suits should be instituted, does not apply to suits of a special nature governed by special provisions. It emphasized that the District Court can transfer the suit to the Subordinate Judge's Court under S.24 of the Code, and the notification empowering the Subordinate Judge's Court to try and dispose of suits under S.92 does not affect the jurisdiction of the District Court.
Issues: The main issue was whether S.15 of the Code has any application to a suit filed before a District Court under S.92 and whether the District Judge can return the plaint for presentation to the Subordinate Judge's Court in view of the government notification empowering Subordinate judges to try and dispose of cases filed under S.92.
Ratio Decidendi: The court emphasized that S.15 does not apply to suits of a special nature governed by special provisions, and the District Court can transfer the suit to the Subordinate Judge's Court under S.24 of the Code. It also highlighted that the notification empowering the Subordinate Judge's Court to try and dispose of suits under S.92 does not affect the jurisdiction of the District Court.
Final Decision: The order of the District Judge was set aside, and the Civil Miscellaneous Appeal was allowed.

Judgment :-

1. The appellants filed the suit before the District Court, Ernakulam under S.92 of the Code of Civil Procedure, for short, the Code. The 2nd defendant, who is the 1st respondent in this appeal, entered appearance and moved a petition before the District Court for the return of the plaint for presentation to the proper Court. The stand taken by the 1st respondent was that in view of Notification G. O.(MS) 384/66/Home dated 24-10-1966 empowering Courts of Subordinate Judges in Kerala to try and dispose of cases under S.92 of the Code within the limits of their respective jurisdiction, under S.15 of the Code, the suit ought to have been instituted in the Subordinate Judge's Court having territorial jurisdiction over the subject-matter. The learned District Judge allowed the petition and directed the return of the plaint for presentation to the proper Court. The learned District Judge in her order said:

"It follows that on the date of institution of the suit the Subordinate Judge who was having local jurisdiction over the subject matter in this suit, viz., the Subordinate Judge of Parur was competent to entertain this suit. It is true that as submitted by the plaintiffs' counsel, by the above notification, jurisdiction of this court in entertaining this suit or suits of this nature is not ousted and that after the publication of the notification the position is that this court and the Subordinate Judge's Court, Parur, are having concurrent jurisdiction over the subject matter. The question that arises for decision is, under such circumstances, whether as submitted by the counsel for the plaintiffs this suit which is instituted in this court is to be tried and disposed of by this court? According to the counsel for the petitioner in view of S.15 of the C P.C. the proper course for this Court is to return the plaint for presentation to the proper court. S.15 of the C.P.C. enjoins that every suit shall be instituted in the court of lowest grade competent to try it."

The plaintiffs 1 to 12 have challenged the order of the District Judge in this Civil Miscellaneous Appeal. The short point that arises for consideration is whether S:15 of the Code has any application to a suit filed before a District Court under S.92 and can the District Judge return the plaint for presentation to the Subordinate Judge's Court in view of the Government notification under S.92 empowering Subordinate judges to try and dispose of cases filed under S.92.

2. S.92 of the Code reads:

"92. Public Charlies. (1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, Advocate-General, or two or more persons having an interest in the trust and having obtained the leave of the Court, may institute a suit, whether contentious or not. in the principal Civil Court of original jurisdiction or in any other Court empowered in that behalf by the State Government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate to obtain a decree

S.15 of the Code reads:

"15. Court in which suits to be instituted. Every suit shall be instituted in the Court of the lowest grade competent to try it."

Ss. 11 and 17 of the Kerala Civil Courts Act, 1957 read:

11. Jurisdiction of District Court and Subordinate Judge's Court in original suits. (1) The jurisdiction of a District Court or a Subordinate Judge's Court extends, subject to the provisions of the Code of Civil Procedure, 1908 (5 of 1908), to all original suits and proceedings of a civil nature.

(2) The jurisdiction of a Munsiff's Court extends to all like suits and proceedings not otherwise exempted from its Cognisance of which the amount or value of the subject-matter does not exceed five thousand rupees."

"17. District Judge to control Civil Courts of district. Subject to the other provisions of

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