Small Causes Courts are courts of preferential jurisdiction and not exclusive jurisdiction. A civil court has jurisdiction to try a suit of small cause court nature, and a decree passed by a civil court in such a suit will be valid and not a nullity.

B. DIKSHIT, J.

( 1 ) THE question, which arises for consideration in this writ petition, is whether the jurisdiction of civil court Is barred to try a suit which is of small cause court nature and the decree. If passed by civil court in such a suit, will be null and void?

( 2 ) THE facts giving rise to said question are that respondent Beni Ram Agarwal (hereinafter referred as plaintiff) filed Original Suit No 420 of 1985 for possession before Munsif, shikohabad against petitioner-defendant Abdul Hamid (hereinafter referred as defendant) after determining the tenancy in respect of premises in dispute. After considering the case of the parties. Munsif, Shikohabad on 11. 11. 1987 decreed the suit. Aggrieved by decree of trial court, the defendant filed an appeal. During pendency of appeal, an application was moved on 2. 5. 1989 by defendant to amend his written statement. The plea, which was sought to be introduced by proposed amendment of written statement, is that as suit was cognisable by small cause court, the jurisdiction of civil court was barred. The plaintiff objected to proposed amendment and appellate court by impugned order dated 4. 11. 1989 rejected the amendment application. The amendment application has been rejected mainly on three grounds ; (1) The jurisdiction of civil court is not ousted under Section 15 (1) of Provincial Small Causes Courts Act. (2) The plea of jurisdiction was not raised before the trial court and, therefore, it cannot be raised before this court for the first time. (3) It is a bogus plea, which is not relevant to adjudicate upon the controversy but has been raised to delay the disposal of the case. Aggrieved by order passed by appellate court, the defendant has filed this petition.

( 3 ) THE learned counsel for petitioner has reiterated his stand which was taken up before the appellate court and argued that as there was inherent lack of jurisdiction with trial court, the decree passed by trial court is a nullity.

( 4 ) TO answer the question, it Is necessary to consider the relevant provisions of Provincial Small causes Courts Act, the effect of amendment of Article (4) of Schedule II of said Act and the relevant case law. Section 15 (1) of Provincial Small Causes Courts Act and old and new Article (4) of Schedule II of the Provincial Small Causes Courts Act are as follows :

15. Cognizance of suits by Courts of Small Causes.-- (1) A Court of Small Causes shall not take cognizance of the suits specified in the second schedule as suits excepted from the cognizance of a Court of Small Causes. " old Article (4) of New Article (4)Schedule II of Schedule II a suit for a suit for the Possession of possession of immovable property or for the immovable recovery of an interest in such property or for property, but not including a suit by a the recovery of lessor for the eviction of a lessee an interest in from a building after t h e such property. "determination of his lease, and for the recovery from him of for the use and that building after such explanation. For the purposes of this Article, the building means a residential or non -residential roofed structure, and includes any land (including any garden ). garages, out houses. appurtenant to such building, and also incl udes any fittings and fixtures affixed to the building for the more beneficial enjoyment tahereof.

( 5 ) SECTION 15 (1) of the Act came up for consideration before a Full Bench of this Court in the case of Manzurul Haq v. Hakim Mohsin Ali, AIR 1970 AH 604, in which this Court held that the court of Small Causes is not a Court of exclusive Jurisdiction, but it is a Court of preferential jurisdiction. This legal preposition has been approved by Apex Court in the case of Smt. Gangabai v. Smt. Chabubai, AIR 1982 SC 20.

( 6 ) IN the case of B. P. Gautam v. R. K. Agarwal, AIR 1977 AU 103, a Full Bench of this Court, while dealing with a case where the decree was passed by civil court in a suit after enforcement of U. P. Civil Laws Amendmen