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1884 Supreme(All) 7

BRODHURST, DUTHOIT, MAHMOOD, OLDFIELD, W. COMER PETHERAM
Mazhar Husain – Appellant
Versus
Nidhi Lal – Respondent


JUDGMENT

W. Comer Petheram, C.J. - The question raised by this reference is whether a District Judge or Subordinate Judge has any jurisdiction to try a suit in which the value of the subject-matter in dispute is less than Rs. 1,000. The question arises on the construction of Sections 19 and 20 of the Bengal Civil Courts Act, and Section 6 of the Civil Procedure Code, 1859, for which Sections 15 and 25 of the present CPC have been substituted. The sections must all be read together. Reading them together, it appears that the jurisdiction of the District Judge or Subordinate Judge extends to all suits cognizable by the Civil Court, whatever the value of the subject-matter in dispute may be. The jurisdiction of the Munsif extends to all like suits the value of the subject-matter in dispute in which does not exceed Rs. 1,000. That is to say, up to Rs. 1,000 the Munsif and the District Judge or Subordinate Judge have concurrent jurisdiction. Then comes Section 6, which must be read in as a proviso. The section which has been substituted is practically the same. The word "shall" is, in my opinion, imperative on the suitor. The word is used for the purpose of protecting the Courts. The sui

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