Hon’ble Sudhir Agarwal, J.—An Hon’ble Single Judge (Hon’ble Pankaj Mithal, J.) by order dated 7.11.2014 has referred a question to be considered by Larger Bench and the said question reads as under:

“Whether the limitation for filing a revision under Section 25 of the Act in the High Court against the order of the District Judge/Additional District Judge as a Small Causes Courts would be 30 days or 90 days?”

2. Pursuant thereto, Hon’ble Chief Justice has constituted this Bench to answer the aforesaid question and that is how the matter has come up before this Court.

3. In brief, the issue is with regard to period of limitation for entertaining a Revision under Section 25 of Provincial Small Cause Courts Act, 1887 (hereinafter referred to as “Act, 1887”) when revision is filed before this Court. Act, 1887 is a pre-Constitution enactment and came into force on 1.7.1887.

4. History of Small Cause Courts commenced with the enactment of Provincial Small Causes Courts Act, 1860 (Act XLII of 1860). This was repealed by Mufassal Small Cause Courts Act, 1865 (Act XI of 1865). Under Section 6 of Act, XI of 1865, Small Cause Courts used to take cognizance of such suits as were allowed under the said Act. Such suits included suits or claims for amount of money found due on bond or other contract, or for arrears of rent, or for personal property or for the value of such property or for a suit for damages, when the debt, damage or demand or such other similar terms measurable in terms of money did not exceed in amount or value of the sum of five hundred rupees. Provisions of Act No. XI of 1865 caused wide variance in judicial verdicts as to nature of suit whether cognizable by Small Cause Court or not and also with regard to provisions pertaining to appeal, hence, need to amend and consolidate the law relating to suits for Small Causes was found necessary giving rise to enactment of Act, 1887.

5. Act, 1887, as initially enacted, was divided into five Chapters and two Schedules. Chapter-I deals with the commencement of Act and Definition clauses. Chapter-II deals with constitution of Courts of Small Causes including provisions for Registrar and duties of ministerial officers. Chapter-III incorporates provisions regarding jurisdiction of Courts of Small Causes. This Chapter also contains sections dealing with exclusive jurisdiction of Courts of Small Causes. Chapter-IV deals with practice and procedure to be adopted at trial of suits in Court of Small Causes under Act, 1887. This Chapter also deals with the law of execution of decrees passed by Small Causes Courts. Chapter-V deals with supplemental provisions for Small Causes Courts. First Schedule was repealed by Amending Act, 1891. Second Schedule deals with suits excepted from the cognizance of Court of Small Causes. This Schedule in fact provides the extent of jurisdiction of Court of Small Causes.

6. We may notice at this stage that simultaneously with effect from 1.7.1887 another Statute relating to Civil Courts came to be enacted, i.e., Bengal, Agra and Assam Civil Courts Act, 1887 (hereinafter referred to as “Civil Courts Act, 1887”) which came into force with effect from 1.7.1887. It repealed Bengal Civil Courts Act, 1871, vide Section 2(3) of the Civil Courts Act, 1887. It provides four type of Civil Courts vide Section 3, namely, (1) Court of District Judge, (2) Court of Additional Judge, (3) Court of Subordinate Judge and (4) Court of Munsif. In its application to State of U.P. vide Section 2 of U.P. Act 4 of 1936, Court of “Subordinate Judge” has been substituted by Court of “Civil Judge”. vide Section 18 jurisdiction of District or Civil Judge subject to the provisions of Section 15 C.P.C. is extended to all original suits for the time being cognizable by Civil Courts. Section 19 provides the extent of jurisdiction of Munsif. Section 25 confers power upon State Gover