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Maharaj Kumar Gajbir Singh and anr. Vs. Maharaja Satbir Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtPunjab and Haryana High Court
Decided On
Case NumberCivil Misc. No. 23-M of 1967
Judge
Reported inAIR1968P& H301; 1968CriLJ971
ActsCode of Criminal Procedure (CrPC) , 1898 - Sections 146; Code of Civil Procedure (CPC) , 1908 - Sections 24; Constitution of India - Article 227
AppellantMaharaj Kumar Gajbir Singh and anr.
RespondentMaharaja Satbir Singh and ors.
Appellant Advocate B.R. Tuli, Sr. Adv. and; S.S. Mahajan, Adv.
Respondent Advocate K.S. Nehra, Adv.
Excerpt:
.....of superintendence under article 227 of the constitution. - 'competent jurisdiction' in that provision refers, in my opinion, to the competency as to the territorial jurisdiction as well as pecuniary jurisdiction......pettar district judge, sangrur, on two grounds, viz.,-- (1) that no application under section 24, civil procedure code, lies in connection with the proposed transfer of proceedings under section ]46. criminal procedure code; and (2) that the question of pecuniary jurisdiction is not relevant for purposes of such proceedings. priina racie it appears to me that the finding of the learned district judge on the second point is not quite correct. section 146, criminal procedure code, envisages a reference being made to a civil court of competent jurisdiction. 'competent jurisdiction' in that provision refers, in my opinion, to the competency as to the territorial jurisdiction as well as pecuniary jurisdiction. in am case the litigation in question should in the interests of justice be dealt.....
Judgment:
ORDER

R.S. Narula, J.

1. A reference was made by the Sub-Divisional Magistrate, Sangrur, to the Court of Senior Subordinate Judge, Sangrur, for a report under Section 146, Criminal Procedure Code, with regard to a dispute as to possession of agricultural land known as Rajbir Farms, about which litigation was going on between the parties. It is not disputed that the properly involved in this reference is comprised of 2,467 kanals 12 marlas of agricultural land situated in Sangrur town, the market value of which is in the neighbourhood of Rs. 15,00,000. The yearly rent of the property auctioned by the Tehsildar was Rs. 70,000 in the year 1966-67. The amount already with the Tehsildar who is the Receiver of the property, is more than Hs. 100,000. A report which will be made by the Civil Court in the reference is likely to affect the rights of the parties at least to some extent in relation to some of the properties. The S.D.M. is going to be hound by the report in the Civil Court. Even if thirty times the land revenue is calculated for determination of pecuniary jurisdiction of a Court, it comes to Rs. 11,811 in this rase. There is no dispute that if it were a civil suit, the Court of Shri Prem Sagar Shanna, Subordinate Judge. Third Class, before whom the reference is pending, would have no jurisdiction to try it. The petitioners application tor transfer of the case from the said Court to the Court of Subordinate Judge First Class, has been dismissed by Shri Pritam Singh Pettar District Judge, Sangrur, on two grounds, viz.,--

(1) That no application under Section 24, Civil Procedure Code, lies in connection with the proposed transfer of proceedings under Section ]46. Criminal Procedure Code; and

(2) That the question of pecuniary jurisdiction is not relevant for purposes of such proceedings.

Priina racie it appears to me that the finding of the learned District Judge on the second point is not quite correct. Section 146, Criminal Procedure Code, envisages a reference being made to a Civil Court of competent jurisdiction. 'Competent jurisdiction' in that provision refers, in my opinion, to the competency as to the territorial jurisdiction as well as pecuniary jurisdiction. In am case the litigation in question should in the interests of justice be dealt with only by a Subordinate Judge. First Class. Assuming that Section 24 of the Code of Civil Procedure cannot be invoked for transfer or such proceedings, this Court has ample jurisdiction to transfer the case in exercise of its powers of superintendence under Article 227 of the Constitution.

2. After considering all the circumstances of the case I direct that the reference pending in the Court of Shri Prem Sagar Sharma. Subordinate Judge, Third Class shall stand transferred to the Court of the Senior Subordinate Judge, Sangrur The learned counsel for the respondent apprehends further delay being caused in the disposal of the reference. To obviate such a possibility I direct that the parties shall appeal before the transferee Court on June 1, 1967, when the learned Senior Subordinate Judge will fix a date for evidence ofthe parties and then proceed to dispose of thereference expeditiously. If possible, proceedings should be completed and the report sentby him to the Criminal Court within threemonths from June 1, 1967.


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