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Lilabati Debi Vs. Ayesha Khatun W/O Mobarak Ali and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1942Cal466
AppellantLilabati Debi
RespondentAyesha Khatun W/O Mobarak Ali and anr.
Excerpt:
- .....terms : ''civil court' means a civil court within the meaning of the bengal, agra and assam civil courts act, 1887, and includes any court exercising appellate or revisional jurisdiction over any such court.' the 'civil courts' within the meaning of the bengal, agra and assam civil courts act are mentioned in section 3 of that act and are as follows : (1) the court of the-district judge; (2) the court of the additional: judge; (3) the court of the subordinate judge and (4) the court of the munsiff. the court of small causes at sealdah is not included in any of the above mentioned categories, but has been constituted, under section 5, provincial small cause courts act, 1887, and mr. h.k. mukherjee was duly appointed a judge of that court under section 6 of the act. the mere fact.....
Judgment:

Edgley, J.

1. This rule is directed against the order of Mr. H.K. Mukherjee, Small Cause Court Judge at Sealdah, dated 22nd August 1941 in which he held that the Sealdah Small Cause Court was not a civil Court within the meaning of the Bengal Agricultural Debtors Act and that consequently Section 34 of that Act had no application to any suit or proceeding pending in that Court. It appears that the petitioner had been sued in the Sealdah Small Cause Court for the recovery of the sum of Rupees 400-6-0. Subsequently, she made an application to the Debt Settlement Board and a notice under Section 34, Bengal Agricultural Debtors Act, was served on the learned Small Cause Court Judge.

2. It is argued that the Sealdah Small Cause Court must be regarded as a civil Court within the meaning of the Bengal Agricultural Debtors Act, having regard to the language of Section 2(6A) of that Act which is in the following terms : ''Civil Court' means a civil Court within the meaning of the Bengal, Agra and Assam Civil Courts Act, 1887, and includes any Court exercising appellate or revisional jurisdiction over any such Court.' The 'Civil Courts' within the meaning of the Bengal, Agra and Assam Civil Courts Act are mentioned in Section 3 of that Act and are as follows : (1) the Court of the-District Judge; (2) the Court of the Additional: Judge; (3) the Court of the Subordinate Judge and (4) the Court of the Munsiff. The Court of Small Causes at Sealdah is not included in any of the above mentioned categories, but has been constituted, under Section 5, Provincial Small Cause Courts Act, 1887, and Mr. H.K. Mukherjee was duly appointed a Judge of that Court under Section 6 of the Act. The mere fact that in the notification whereby he was appointed as Small Cause Court Judge of Sealdah he is described as a Subordinate Judge does not constitute the Small Cause Court at Sealdah the Court of a Subordinate Judge. The Sealdah Court remains a Court of Small Causes constituted under the Provincial Small Cause Courts Act of 1887 and it is not a civil Court within the meaning of the Bengal Agricultural Debtors Act. In these circumstances we are of opinion that the decision of the learned Small Cause Court Judge is correct. It is, therefore, affirmed and this rule is discharged with costs-the hearing fee being assessed at one gold mohur.


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