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2016 Supreme(All) 1095

PANKAJ MITHAL
SHOBHIT NIGAM – Appellant
Versus
BATULAN – Respondent


Advocates:
Counsel :
Arvind Srivastava for the Revisionist; Pushkar Srivasatava and Arvind Srivastava for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—The judgment and order dated 24.5.2016 passed by the District Judge decreeing SSC Suit No. 16 of 2011 (Smt. Batulan v. Ayub Khan and another) is sought to be revised under Section 25 of the Provincial Small Causes Court Act, 1887 (hereinafter referred to as the Act) on the ground that the Additional District Judge had ceased to have pecuniary jurisdiction to decide it.

2. The aforesaid Act provides for the establishment of Courts of Small Causes for the local limits of the area beyond the original civil jurisdiction of High Courts established in the Presidency Towns for the purposes of trying certain nature of civil suits in a summary manner.

3. The said Act vide Section 15 read with its Second Schedule provides that all suits of civil nature upto a particular value shall be cognizable by a Court of Small Causes.

4. The aforesaid Act was amended time and again and the pecuniary value of suits cognizable by Small Causes Court was enhanced from time to time.

5. The said Act stood amended in its applicability to the State of U.P., also.

6. The State of U.P., vide Civil Laws (Amendment) Act 1972 added a provision to Sub-section 2 of Section 15 of the A




















































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