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Gordhan Vs. Azimkhan and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberCivil Revn. No. 321 of 1962
Judge
Reported inAIR1963Raj224
ActsCode of Civil Procedure (CPC) , 1908 - Sections 63 and 63(1); Rajasthan Civil Courts Ordinance, 1950 - Sections 19(1) and 30; Rajasthan Small Cause Courts Ordinance, 1950
AppellantGordhan
RespondentAzimkhan and anr.
Appellant Advocate Babalal, Adv.
Respondent Advocate Anandilal, Adv. for Respondent No. 2
DispositionRevision allowed
Cases ReferredBaluram v. Raghubar Dial
Excerpt:
- - 3. i have heard learned counsel for the parties and am satisfied that the decision is erroneous......this is a revision application by gordhan, a decree-holder, against an order of the additional civil judge no. 2, jodhpur, holding that his court is inferior to that of judge, small causes, jodhpur, within the meaning of section 63 of the cods of civil procedure.2. the facts giving rise to this revision application are these :in execution of a decree, which the applicant had obtained against azimkhan, respondent no. 1, who is an employee in the northern railway workshop at jodhpur, the learned additional civil judge sent an order to the works manager under order 21, rule 48 of the code of civil procedure attaching the monthly salary of azimkhan to the extent of rs. 15.50 per month. that officer intimated to the court that the salary of azimkhan to the extent of rs. 14/- per month had.....
Judgment:

Jagat Narayan, J.

1. This is a revision application by Gordhan, a decree-holder, against an order of the Additional Civil Judge No. 2, Jodhpur, holding that his Court is inferior to that of Judge, Small Causes, Jodhpur, within the meaning of Section 63 of the Cods of Civil Procedure.

2. The facts giving rise to this revision application are these :

In execution of a decree, which the applicant had obtained against Azimkhan, respondent No. 1, who is an employee in the Northern Railway Workshop at Jodhpur, the learned Additional Civil Judge sent an order to the Works Manager under Order 21, Rule 48 of the Code of Civil Procedure attaching the monthly salary of Azimkhan to the extent of Rs. 15.50 per month. That officer intimated to the Court that the salary of Azimkhan to the extent of Rs. 14/- per month had already been attached under an order of the Judge, Small Causes, Jodhpur, and sent him a sum of Rs. 1.50 only. Gordhan decree-holder thereupon filed an application on 14th April, 1962 before the learned Additional Civil Judge praying that the salary attached by the Court of Small Causes may be transferred to this Court under the provision of Section 63(1) of the Code of Civil Procedure so that It may be rateably distributed. This application was rejected by the (earned Additional Civil Judge on the ground that the Court of Small Causes was not inferior in grade to his Court.

3. I have heard learned counsel for the parties and am satisfied that the decision is erroneous. For purposes of Section 63 of the Code of Civil Procedure, the grade of any Court depends upon the pecumary jurisdiction of that Court Under Section 19 (1) (i) of the Rajasthan Civil Courts Ordinance, 1950, the pecuniary jurisdiction of the Court of Additional Civil Judge 'extends to Rs. 10,000/-. The jurisdiction of the Court of Judge, Small Causes, Jodhpur, extends upto Rs. 500/- only. The Court of the Additional Civil Judge is, therefore, superior in grade to the Judge of Court of Small Causes, within the meaning of Section 63 of the Code of Civil Procedure. In this connection, the decision in Baluram v. Raghubar Dial, ILR 16 All 11 (FB) may be referred to.

4. On behalf of Ramdas, respondent No. 2, at whose instance salary to the extent of Rs. 14/- per month was attached by the Court of Small Causes in execution of his decree, my attention was drawn to Section 26(2) of the Small Cause Courts Ordinance, 1950 and Section 30 of the Rajasthan Civil Courts Ordinance, 1950 which has been referred to under Section 24 of the former Ordinance. Section 26 of the Small Cause Courts Ordinance, 1950, runs as follows :

'Section 26 - Subordination of Courts of Small Causes -

(1) A Court of Small Causes shall be subject to the administrative control of the District Court and to the superintendence of the High Court and shall -

(a) keep such registers, books and accounts as the High Court from time to time prescribes, and

(b) comply with such requisitions as may be made by the District Court, the High Court or the Government for records, returns and statements in such form and manner as the authority making the requisition directs.

(2) The relation of the District Court to a Court of Small Causes, with respect to administrative control, shall be the same as that of the District Court to ?. Civil Court of the lowest grade competent to try an original suit of the value of five thousand rupees in that portion of the territories administered by the Government in which the Court of Small Causes is established.'

It is clear from the wordings of this section that it is only with respect of administrative matters that the Court of Small Causes is to be deemed to be a Court competent to try an original suit of the value of Rs. 5,000/-. The Jurisdiction of the Court of Munsif in Rajasthan extends to Rs. 2000/- generally. A Munsif, when he is due for promotion as Civil Judge, is first appointed as Judge Small Causes, and Additional Civil Judge and thereafter he is promoted as a full-fledged Civil Judge. Section 30 of the Rajasthan Civil Courts Ordinance, 1950, only lays down that all Courts in the district shall be subject to the administrative control of the District Judge and shall be deemed to be subordinate to his Court for the purpose of the Code of Civil Procedure. These provisions thus have no bearing on the matter under consideration in the present revision application.

5. I accordingly held that the Court of Judge, small Causes, Jodhpur, is inferior to that of the Additional Civil Judge in grade within the meaning of Section 63 of the Code of Civil Procedure.

6. I, therefore, allow the revision application, set aside the order of the learned Additional Civil Judge and remand the case for proceeding with the application of the applicant in accordance with law.

7. In the circumstances of the case, I direct that the parties shall bear their own costs of this revision application.


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