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Devilal Vs. Chander Singh - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberCivil Revn. No. 546 of 1970
Judge
Reported inAIR1973Raj1; 1972()WLN571
ActsRajasthan Municipalities Act, 1959 - Sections 4
AppellantDevilal
RespondentChander Singh
Appellant Advocate S.R. Bhandari, Adv.
Respondent Advocate M.M. Singhvi, Adv.
Cases ReferredGopi Lal v. Hira Chand
Excerpt:
.....situated within municipal limits when suit was instituted but notification not issued--held, munsif city has no jurisdiction to entertain suit.;the subject matter of the present suit is a house situated in mahamandir area. in the year it 1950 it was outside the municipal limits of jodhpur. when the present suit was instituted mahamandir had been included in jodhpur city.;the court of munsif city, therefore, had no jurisdiction to entertain the present suit. - industrial disputes act, 1947. section 2(s): [m.s. shah, sharad d. dave & k.s. jhaveri,jj] workman part time employees held, part time employees are not excluded from the definition of workman in section 2(s) merely on the ground that they are part time employees. the ex abundante cautela use of the words either whole time..........one of us arising out of a revision application filed by the defendant against an order of munsif city, jodhpur, holding that he has jurisdiction to try the suit.2. by notifications dated 2-6-1950and 19-9-1950 there are two courts ofmunsifs at jodhpur -- court of munsifcity and court of munsif district. theirjurisdictions are as follows :--'court of munsif city ..... jodhpur city court of munsif district .....jodhpur sub-division (excluding jodh-pur city and bilara tehsil).'it is not disputed that by jodhpur city is meant the territorial limits of the jodhpur municipality.3. the subject-matter of the present suit is a house situated in maha-znandir area. in the year 1950 it was outside the municipal limits of jodhpur. when the present suit was instituted mahamandir had been included in.....
Judgment:
ORDER

1. This is a reference by one of us arising out of a revision application filed by the defendant against an order of Munsif City, Jodhpur, holding that he has jurisdiction to try the suit.

2. By notifications dated 2-6-1950and 19-9-1950 there are two courts ofMunsifs at Jodhpur -- Court of MunsifCity and Court of Munsif District. Theirjurisdictions are as follows :--

'Court of Munsif City ..... Jodhpur City Court of Munsif District .....Jodhpur Sub-Division (excluding Jodh-pur City and Bilara Tehsil).'

It is not disputed that by Jodhpur City is meant the territorial limits of the Jodhpur Municipality.

3. The subject-matter of the present suit is a house situated in Maha-znandir area. In the year 1950 it was outside the municipal limits of Jodhpur. When the present suit was instituted Mahamandir had been included in Jodhpur City.

4. The trial Court has held that as the area is now included in Jod'hpur City, the Court of Munsif City has jurisdiction to try the present suit,

5. On behalf of the defendent reliance was placed on a Division Bench decision of this Court in Gopi Lal v. Hira Chand, ILR (1956) 6 Raj 694 in which it was held that the jurisdiction of Civil Courts continued to remain over those areas over which different courts exercised jurisdiction in consequence of the above notifications soon after their publication. This reference is made for a reconsideration of the above decision.

6. We have reconsidered the decision in the light of arguments advanced by the learned counsel for the parties. We are of the opinion that the law laid down in it is correct. The Court of Munsif City, therefore, had no jurisdiction to, entertain the present suit.

7. It is, however, no longer necessary to return the plaint for presentation to the proper court as the court of Munsif City has since acquired jurisdiction over Mahamandir area by virtue of notification No. F.2(3)Jud/72 dated the 18th May, 1972. Note 2 of that notification runs as follows :--

'The expression 'city' refers to the area included in the municipality as constituted from time to time under the Rajasthan Municipalities Act, 1959, Rajasthan Act (33 of 19591 or any other law for the time being in force'.

We accordingly, decide the revisionapplication as indicated above. We leavethe parties to bear their own costs of it.


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