The District Court, as the principal court of original jurisdiction, has the power to entertain and try a suit even if it lacks territorial jurisdiction. The institution of the suit before the District Court is not illegal, even if the ordinary procedure of filing suits before the lowest court of competent jurisdiction is not followed.

K.A. Mohamed Shafi, J.

1. The order in I.A. No. 6/2000 in O. S. 1/2000 dated 14.6.2000 passed by the I Additional District (Special) Court, Ernakulam is under challenge in this C.R.P.

2. O. S. No. 1/2000 is filed by the 1st respondent herein as plaintiff seeking various reliefs including conduct of election to the Managing Committee of the St. George Orthodox Syrian Church, Kadamattom, prohibitory injunction and other directions with regard to the conduct of religious services in the Church. I.A. No. 6/2000 is filed by the plaintiff in the suit seeking appointment of a receiver for the administration of the Church till a Managing Committee takes over the management of the Church. The 8th defendant in the suit and 8th respondent in the I.A. raised the objection that the lower court has no jurisdiction to entertain and try the suit. Therefore, the suit is not maintainable before the Court and as such no order may be passed appointing a receiver for management of the Church during the pendency of the suit. The lower court negatived the contention raised by the 8th defendant with regard to the maintainability of the suit before the lower court and the jurisdiction of the Court to entertain and try the suit and to appoint a receiver, and appointed a receiver to manage the affairs of the church. Hence the 8th respondent -8th defendant has come up in revision before this Court.

3. The plaintiff- 1st respondent has filed the above suit for the District Court, Ernakulam and the District Judge made over the suit to the I Additional District Court, Ernakulam which is the special court designated for trial and disposal of the Church cases.

4. The counsel for the petitioner submitted that S.15 of the C.P.C. stipulates that every suit shall be instituted in the court of the lowest grade competent to try it. Therefore, he submitted that the above suit filed by the 1st respondent with regard to the management etc. of the plaint Church should have been filed before the Munsiff's Court with whose territorial jurisdiction the Church is situated or if the pecuniary jurisdiction with regard to the reliefs claimed in the suit exceeds the jurisdiction of the Munsiff's Court, it should have been filed before the concerned Subordinate Judge's Court, which has got infinite jurisdiction under the CPC. Therefore, according to the petitioner, the filing of the suit bypassing the Munsiff's Court which is the lowest cadre and Subordinate Judge's Court which is the next higher cadre before the District Court, is contrary to the provisions of S.15 of the C.P.C. directing institution of the suit before the Court of lowest grade competent to try it. Therefore, he vehemently contended that the suit filed before the District Court bypassing the two lower cadre of courts of competent jurisdiction is not maintainable. He has also submitted that under special circumstances when the lower court is not available or under special enactments the District Court is designated as the proper Court for filing the suit, the suit can be filed before the District Court. But the Munsiff's Court or Subordinate Judge's Court are available in this case and there is no specialty with regard to the institution of Church cases. Therefore, there is no reason to file the above suit before the District Court and the District Court to entertain it as against the ordinary rule that suits should be filed before the lowest court of competent jurisdiction.

5. S.2(4) of the C.P.C. defines district which reads as follows :

"(4) 'district', means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a 'District Court'), and includes the local limits of the ordinary original civil jurisdiction of a High Court".

6. S.11 of the Civil Courts Act deals with jurisdiction of District Court and Subordinate Judge's Court in original suits which reads as follows:

"11. Jurisdiction of District Court and Subordinate Judge's Court in original suits:- (1) Th