JUDGMENT

Malik, CJ. - This is a civil revision u/s 115 of the Code, The Defendant Appellant was a mortgagee, and five mortgage deeds were executed in his favour, four of which were for a sum of Rs. 25/- each, while the fifth was for a sum of Rs. 1700/. The mortgagor filed an application u/s 12 of the U.P. Agriculturists Relief Act (Act XXVII of 1934) for redemption of the five mortgages. The application was granted, and an appeal against the order was dismissed on the 19th September, 1949. This civil revision was filed against that order on the ground that the civil court had no jurisdiction with respect to four of the mortgage deeds.

2. Sec. 10 of the U.P. Agriculturists Relief Act provides that

Applications under this Chapter shall, if the principal money secured does not exceed Rs. 500 be brought before the Collector, and the word "court" in this Chapter shall in such cases include the "Collector."

3. At the time of the admission of the appeal learned Counsel referred to a Full Bench ruling of this Court in Sukhdeo Ahir v. Bildeo Ahir 1949 A.W.R. 147, and urged that each mortgage deed must be taken separately to determine the jurisdiction of the Court. Learned Counsel has urged that with respect to four of the mortgage deeds the civil court had no jurisdiction and only with reference to the fifth mortgage deed for Rs. 1700 the suit could be filed in the civil court. The facts, however, of Sukhdeo Ahir's case 1949 A.W.R. 147, in which the opposite party was not represented, were entirely different. In that case each of the five mortgage-deeds was of less than Rs. 500 and it was only the aggregate amount that was in excess. In the case before us it has been admitted that with reference to the fifth mortgage deed the application for redemption u/s 12 had to be filed in the civil court. The creditor and the debtor being common, there was no bar to the creditor combining the claim for money due under the other four mortgages with the claim under the fifth mortgage. Order 2, Rule 3 of the CPC provides that:-

A Plaintiff may unite in the same suit several causes of action against the same Defendant, or the same Defendant jointly.

4. The suit was, therefore, clearly cognizable by the civil court.

5. Learned Counsel for the opposite party has drawn our attention to a Full Bench decision of the Oudh Chief Court in Ram Lakhan Misir v. Bisheshar Misir 1948 A.W.R. (C.C.) 31. It is not necessary for us to consider that decision as in any view of the matter, the suit was filed in the right court.

6. There is no force in this civil revision which is dismissed with costs.