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1963 DIGILAW 6 (RAJ)

Gordhan v. Azimkhan

1963-01-11

JAGAT NARAYAN

body1963
Jagat Narayan, J. —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 sec. 63 of the Code 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 Azim Khan, 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 O.21, R. 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 sec. 63(1) of the Code of Civil Procedure so that it may be rateably distributed This application was rejected by the learned 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 sec. 63 of the Code of Civil Procedure, the grade of any court depends upon the pecuniary jurisdiction of that court. Under sec. 19(1)(i) 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 Court of Judge, Small Causes, within the meaning of sec. 63 of the Code of Civil Procedure. In this connection, the decision in Baluram Vs. Roghubar Dial(l) 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 sec. 63 of the Code of Civil Procedure. In this connection, the decision in Baluram Vs. Roghubar Dial(l) 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 sec. 26(2) of the Small Cause Courts Ordinance, 1950 and sec. 30 of the Rajasthan Civil Courts Ordinance, 1950 which has been referred to under sec. 24 of the former Ordinance. Sec. 26 of the Small Cause Courts Ordinance, 1950, runs as follows:— "Sec. 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 a 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. 500/. 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. Sec. 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 immediately subordinate to his court for the purpose of the Code of Civil Procedure. Sec. 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 immediately 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 hold that the Court of Judge, Small Causes, Jodhpur, is inferior to that of the Additional Civil Judge in grade within the meaning of sec. 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.