ORDER.-The plaintiff in a suit, Ref. V.M. No. 166 of 1970 initiated on the file of the Village Munsif, Kollur, is the petitioner in this revision. The respondent herein is the defendant in the said suit. An ex parte decree was passed in the suit which, as stated above, was instituted before the Village Munsif, Kollur, who is the Village Court within the meaning of the Madras Village Courts Act, 1889 (hereinafter referred to as the Act). The plaintiff got the decree in that suit transferred to the District Munsif of Tirukoilur for levying execution by way of arresting the defendant judgment-debtor. The defendant resisted the said execution petition, E.P. No. 214 of 1974 on the ground that the Kollur Village Munsif has no jurisdiction to entertain the suit and hence the decree of the Kollur Village Munsif is Without jurisdiction and execution of that decree is incompetent. According to the defendant, none of the conditions which would confer jurisdiction on the Kollur Village Munsif, obviously referring to section 15 of the Act, is present, in that, he, defendant, had not, at the time of the commencement of the suit, resided, or carried on business, or personally worked for gain within the local limits of the jurisdiction of the Kollur Village Munsif. 2. The District Munsif, Tirukoilur, who considered the execution petition in the light of the objection of the defendant, found in substance that the ingredients of .section 15 of the Act are not satisfied and consequently held that the decree is void and is incapable of execution. As a result, the execution petition was dismissed. This revision is directed against the said orders of the District Munsif, Tirukoilur. 3. Mr. S. Narayana Ayyangar, learned counsel ‘for the petitioner, submits that the District Munsif, executing the decree of the Village Court, cannot sit over in judgment over the decree and hold that the decree is without jurisdiction and hence incapable of execution. The learned counsel refers me to the various provisions of the Act and in particular, section 73 of the Act, and submits that the decree of the Village Court not having been canvassed on the ground of want of jurisdiction under section 73 of the Act has become final and in any event, the District Munsif, as the Court executing the decree, cannot consider this question in execution. 4. Mr.
4. Mr. V. Krishnan, learned counsel for the respondent, contends that the decree being one passed by a Village Court, which has no jurisdiction within the meaning of section 15 of the Act, the contention as to the lack of jurisdiction and on that ground the said decree being void and incapable of execution, can be raised even at the stage of execution. According to the learned counsel, there was an inherent lack of jurisdiction to entertain the suit by virtue of the provisions of section 15 of the Act and the principles under the Code of Civil Procedure cannot be invoked to cure the defect as to the place of suing. The learned counsel relied on the dictum of Abdur Rahman, J., in Krishna Chetty v. Narayanappa1. In that decision, the learned Judge observed as follows:- “The position might have been different if the provisions of the Code of Civil Procedure had applied. But, a special tribunal, different from the ordinary Courts of the land, has been brought into being by this ‘Act, and one must look to the specific grounds given in the Act itself which would confer jurisdiction on that tribunal. The general provisions contained in the Code of Civil Procedure cannot be extended to the Village Courts and cannot be permitted to be added to the provisions contained in section 1 of the Act”. The question that conies up for consideration in this revision is whether the District Munsif, executing the decree of the Village Court, can consider the question as to the lack of jurisdiction of the Village Court that passed the decree and decline to proceed with the execution on the ground that the decree is without jurisdiction. It would be pertinent to refer to the relevant provisions of the Act to find out as to whether the statute gives a finality to the orders and decrees of the Village Court, and as to whether adequate remedy is provided by the statute to rectify all or any defect in the exercise of powers conferred by it. 5.
It would be pertinent to refer to the relevant provisions of the Act to find out as to whether the statute gives a finality to the orders and decrees of the Village Court, and as to whether adequate remedy is provided by the statute to rectify all or any defect in the exercise of powers conferred by it. 5. It is an established principle that when by an Act of Legislature powers are given to any authority for a specific purpose, from the exercise of which an individual may receive an injury, or feel aggrieved, if the mode of redressing the injury is pointed out and provided by the statute, the jurisdiction of the ordinary Court is ousted. 6. Chapter VI of the Act provides for a complete set of rules with reference to the execution of the decrees of Village Courts. Section 66 of the Act reads as follows: “66. (1) Any decree passed by a Village Court may, on the application of the decree-holder, be transmitted for execution to the District Munsif, who may (a) execute the decree as if it were a decree passed by himself; or (b) transmit it for execution to the Court of any other village within his jurisdiction in which the defendant is represented to have movable property; or (c) transmit it to the Court of any other District Munsif within whose jurisdiction the defendant is represented to reside or to have property. (2) The District Munsif to whom a decree has been transmitted under clause (c) of sub-section (1) may execute the decree as if it were a decree passed by himself or transmit it for execution to the Court of any village within his jurisdiction in which the defendant is represented to have movable property. (3) The Village Court to which the decree is transmitted under clause (b) of sub-section (1) or sub-section (2) shall proceed as if the decree was passed by itself”. Section 67 reads as follows: "67. It shall be competent to the District Munsif to withdraw the execution of any decree from any Village Court, and to execute it himself, as if it were a decree passed by himself.
Section 67 reads as follows: "67. It shall be competent to the District Munsif to withdraw the execution of any decree from any Village Court, and to execute it himself, as if it were a decree passed by himself. Section 67-A may also be taken note of and it says: “67-A. Notwithstanding anything contained in the Code of Civil Produre, 1908, no appeal shall lie from any order made by a District Munsif relating to the attachment or sale of movable property in execution of any decree passed by a Village Court”; The important provision to be considered is section 73 of the Act, which reads as follows: ‘73. The District Munsif, may, on a petition being presented within sixty days from the date of any decree or order of a Village Court by any party deeming himself aggrieved by such decree or order, set aside such decree or order on the ground- of corruption, gross partiality or misconduct of the Village Court; or of its having exercised a jurisdiction not vested in it by law, or otherwise acted illegally or with material irregularity; or that the decree or order is clearly unjust and may pass such other decree or order as he thinks fit; provided that no decree or order of a Village Court shall be set aside without notice to the opposite party. Pending disposal of any such petition, the District Munsif may stay execution of the decree or order. A petition under this section may be entertained after sixty days by the District Munsif if he is satisfied with the cause shown for the delay. Except as provided in this section, every decree and order of a Village Court shall be final".
Pending disposal of any such petition, the District Munsif may stay execution of the decree or order. A petition under this section may be entertained after sixty days by the District Munsif if he is satisfied with the cause shown for the delay. Except as provided in this section, every decree and order of a Village Court shall be final". District Munsif is defined under section 73 of the Act as follows: " ‘District Munsif means the District Munsif within the local limits of whose jurisdiction the Village Court is situated: Provided that if the village is not situated within the local limits of the jurisdiction of any District Munsif, the Subordinate Judge, or if there be no Subordinate Judge, the District Judge within the local limits of whose jurisdiction the village is situated, shall be deemed to be the District Munsif: Provided further that if in any area the District Munsif does not exercise small cause jurisdiction and a separate Court of Small Causes has been established, the Judge of such Court shall be deemed to be the District Munsif." 7. From a reading of the above provisions, it is evident that the District Munsif is conferred with powers of revision under section 73 of the Act when an objection is taken on the ground of want of jurisdiction on the part of the Village Court and the District Munsif is also given the power under section 66 of the Act to execute the decree of the Village Court as if it were the decree passed by himself and other incidental powers in execution are also conferred on the District Munsif. 8. The principles with regard to the exclusion of the jurisdiction of the civil Courts may not be germane to consider the question in issue. It is true that an exclusion of jurisdiction of the civil Court is not readily to be inferred. If the statute creates a special right or a liability and provides for the determination of the right or liability and further lays down that all questions about the said right and liability, shall be determined by the tribunal so constituted, it may not be permissible to bypass the specific provisions of the statute and allow the individual affected to agitate his contentions elsewhere in a different form. 9. Mr.
9. Mr. V. Krishnan, learned counsel for the respondent relies on the judgment of Yahya Ali, J., in Sanjamma v. Sayanna1, and submits that the word ‘final’ in section 73 of the Act means final so far as the particular Court is concerned in which the decree was obtained and could not be held to extend to the exclusion of the jurisdiction of the ordinary civil Courts. The question that came up for consideration before Yahya Ali, J., in the above decision arose under a set of facts and circumstances entirely different from those of the present case. The suit that was considered by the learned Judge in the above decision was instituted in a civil Court to set aside the decree of a Village Court on the ground that the said Court had no jurisdiction in respect of the subject-matter, as the defendant was not a resident of the village. No application under section 73 of the Act was made to set aside the said decree. In the said context, the learned Judge held that the suit under the common law to set aside the decree on the grounds urged was competent and observed as follows: "Here the word ‘final’ appearing in section 73 must be held to mean final so far as the particular Court is concerned in which the decree was passed and cannot be held to extend to the exclusion of the jurisdiction of the ordinary civil Courts". This observation cannot be taken to mean to exclude the ‘District Munsif empowered under the Act to execute the decrees of Village Courts. The learned Judge was not confronted with a situation where the District Munsif who is the executing Court under section 66 of the Act and who is also the Revisional Authority under section 73 of the Act, is called the course of exercise of power void in the course of exercise of power as an executing Court. It must be remembered that the District Munsif gets the powers of execution by virtue of section 66 of the Act; and as an executing Court he is part and parcel of the ‘hierarchy’ under the Act. The power to set aside a decree or order on the ground of want of jurisdiction by the Village Court is specifically conferred on the District Munsif by section 73 of the Act.
The power to set aside a decree or order on the ground of want of jurisdiction by the Village Court is specifically conferred on the District Munsif by section 73 of the Act. Subject to such corrections in revision, every decree and order of Village Court is declared final by the provisions of section 73 of the Act. If this is kept in mind, it will be very difficult to hold that the District Munsif, exercising powers under section 66 of the Act, can decline to execute the decree on the ground that it is one passed without jurisdiction. That would be within his purview under section 73 of the Act. Hence I hold that the District Munsif, exercising powers under section 66 of the Act, cannot sit over in judgment over the decree of the Village Court and declare it as without jurisdiction, when the machinery specifically provided under section 73 of the Act has not been resorted to, to set aside the decree on this ground. Accordingly this revision is allowed, but there will be no order as to costs. 10. The Court below will take up the execution petition and consider the same on merits in accordance with law. However, it may still be open to the respondent to resort to the remedies under section 73 of the Act by showing sufficient cause for the delay.