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Jiya Ram and ors. Vs. Judge Debt Relief Court and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Writ No. 1053/72
Judge
Reported in1977WLN(UC)368
AppellantJiya Ram and ors.
RespondentJudge Debt Relief Court and ors.
DispositionPetition dismissed
Excerpt:
.....- section 17 & rajasthan civil court ordinance, 1950--section 10--revision against order of debt relief court decided by additional district judge--held, additional district judge can discharge functions of district judge--decision is not without jurisdiction.;writ dismissed - - the explanation to section 17 further provides that the court of the district judge within whose civil jurisdiction the debt relief court it situated shall be the district court for the purposes of section 17. according to section 10 of the rajasthan civil courts ordinance, 1950 an additional judge (additional district judge) can discharge any of the functions of a district judge which the district judge may assingh to him & in the discharge of these functions, he shall exercise the same powers as the..........judge, sri ganganagar dated february 4, 1972, in a revision petition against the order of the debt relief court, sri ganganagar dated january 17, 1969.2. the only point canvassed before me was that under section 17 of the rajasthan relief of agricultural indebtedness act, 1957, it is only the dist. judge who is empowered to hear revisions against the orders of a debt relief court while the impugned order has been made by an additional district judge and is, therefore, without jurisdiction.3. i have considered. section 17 provides that any person aggrieved by an order of the debt relief court may apply to the district court for revision of the said order. the explanation to section 17 further provides that the court of the district judge within whose civil jurisdiction the debt.....
Judgment:

M.L. Jain, J.

1. This writ petition is directed against the order of the learned Additional District Judge, Sri Ganganagar dated February 4, 1972, in a revision petition against the order of the Debt Relief Court, Sri Ganganagar dated January 17, 1969.

2. The only point canvassed before me was that under Section 17 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957, it is only the Dist. Judge who is empowered to hear revisions against the orders of a Debt Relief Court while the impugned order has been made by an Additional District Judge and is, therefore, without jurisdiction.

3. I have considered. Section 17 provides that any person aggrieved by an order of the Debt Relief Court may apply to the District Court for revision of the said order. The explanation to Section 17 further provides that the Court of the District Judge within whose civil jurisdiction the Debt Relief Court it situated shall be the District Court for the purposes of Section 17. According to Section 10 of the Rajasthan Civil Courts Ordinance, 1950 an Additional Judge (Additional District Judge) can discharge any of the functions of a District Judge which the District Judge may assingh to him & in the discharge of these functions, he shall exercise the same powers as the District Judge As a matter of fact there is nothing like a court of the Additional District Judge. It is a District Court or a Court of the District Judge to which the Additional Judges are appointed under Sub-section (1) of Section 10. The Additional Judge, therefore, is one of the Judge.' of the District Court but he can discharge only such functions as are assigned to him by the District Judge It appears that the revision was filed in the District Court, Sri Ganganagar but was transferred to the Additional District Judge for disposal.

4. I, therefore, find no defect of jurisdiction in this case and direct that the writ petition be dismissed without any order as to costs.


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