JUDGMENT-Non-applicant has instituted the suit in the Court of Civil Judge, Senior Division at Yeotmal for recovering an amount of Rs. 10,000 from the applicant-defendant in respect of the transaction for the purchase of a boiler. We are not concerned in this matter with the details of a claim made by the plaintiff. This suit was registered as Regular Civil Suit No. 230 of 1973. The defendant appeared in the suit and filed its written statement on 22-7-1975. Besides denying the claim of the plaintiff in its plaint, the defendant set up a counter-claim, for Rs. 19,318 in respect of the same transaction for which the suit had been filed. Issues were framed in the suit on 5-8-1975 by the learned Civil Judge, (Senior Division). Issue Nos. 6 and 9 related to the counter claim made by the defendant. On 11-8-1975 the plaintiff moved the Court by an application for rejection of the counter claim and deletion of Issue Nos. 6 and 9. In support of this prayer, the plaintiff submitted that the counter claim had not been made on the first hearing of the suit as required by Rule 6 of Order VIII of the Civil Procedure Code (hereinafter referred to as the Code) and secondly that the counter claim exceeds the pecuniary jurisdiction of the Civil Judge, (Senior Division) which, according to the plaintiff, "on regular side is only Rs. 10,000". This application was opposed by defendant. It maintained that the counter claim was made before the issues were framed and hence it was made before the first day of hearing. It further said that the Court which was entertaining the suit was the Court of Civil Judge, (Senior Division) and the counter claim was within the pecuniary jurisdiction of this Court. 2. The learned trial Judge, namely, the Civil Judge, (Senior Division), considered the rival contentions raised by the parties to the suit with regard to the maintainability of the counter claim. He held that the suits of the valuation up to Rs. 10,000 which ordinarily would have to be filed in the Court of a Civil Judge, (Junior Division), are filed in the Court of Civil Judge. (Senior Division), at Yeotmal as there is no Court of Civil Judge (Junior Division) at that place and according to him, the reception of a suit of the valuation of Rs. 10,000 which ordinarily would have to be filed in the Court of a Civil Judge, (Junior Division), are filed in the Court of Civil Judge. (Senior Division), at Yeotmal as there is no Court of Civil Judge (Junior Division) at that place and according to him, the reception of a suit of the valuation of Rs. 10,000 by the Civil Judge, (Senior Division) must be accepted as on behalf of the Joint Civil Judge (Junior Division), in whose court the institution of the suit up to Rs. 10,000 would ordinarily lie. The learned Judge was of the view that since the suit in the present case was registered as a Regular Civil Suit, it was being tried by him as Civil Judge (Senior Division) in exercise of the special jurisdiction vested in it under section 25 of Bombay Civil Courts Act, 1869 (hereinafter referred to as the Act). The learned Judge was, therefore of the opinion that the counter claim in such a regular civil suit cannot exceed the valuation of the suit or the pecuniary jurisdiction of the Court in which it would ordinarily lie. He held that if in this case the counter claim for Rs. 19,318 is to be entertained in the regular suit, the category of suit would alter and forum of appeal would also change. For all these reasons, therefore, the learned trial Judge held that the counter claim for Rs. 19,318 in a regular suit for Rs 10,000 was not entertainable. According to the learned Judge, to allow the defendant to get this counter claim adjudicated in this suit would be tantamount to take away the right of plaintiff of having two chances of appeal, which he would have in a regular suit. In the result, the learned Judge directed the defendant to withdraw his counter claim in this ~uit and gave him liberty to maintain a separate suit for the same. It was in this way that he disposed of the application filed by the plaintiff for rejection of the counter claim and it is against this order that the present Revision Application has been filed by defendant. 3. Mr. It was in this way that he disposed of the application filed by the plaintiff for rejection of the counter claim and it is against this order that the present Revision Application has been filed by defendant. 3. Mr. W. G. Deo the learned counsel for the applicant submitted that the view taken by the learned trial Judge with regard to the tenability of the counter claim on the ground that it could not be made in a suit the valuation of which was Rs. 10,000 is not correct. Mr. Deo submits that the pecuniary jurisdiction of a Civil Judge (Senior Division) is unlimited and the ordinary jurisdiction of that Judge extends to the "local limits for which he is appointed by the Government, and in this local limit he can entertain and dispose of a suit of any valuation irrespective of whether it is of Rs. 10,000 or above. Mr. Deo submits that in this particular case since the suit has been instituted in the Court of Civil Judge, (Senior Division) the learned Judge presiding over that Court has jurisdiction to entertain a suit exceeding Rs. 10,000 in value and the fact that the suit which is filed in that Court is initially numbered as a regular suit or as a special suit should not make any difference whatsoever, when the question asises with regard to entertaining a counter claim Mr. Deo submits that even though the suit which has been filed by the plaintiff is valued at Rs. 10,000 and would ordinarily be triable by a Civil Judge (Junior Division) a counter claim exceeding that amount and exceeding pecuniary jurisdiction of Civil Judge (Junior Division) could be filed in such a suit if that suit is being entertained and tried by Civil Judge (Senior Division) because in that case the question of pecuniary jurisdiction of the Court with the respect to the counter-claim would not arise since the pecuniary jurisdiction of the Civil Judge (Senior Division) is unlimited. 4. The question, therefore, which arises for determination in this Revision Application is whether the learned Civil Judge (Senior Division), in this case could have entertained the counter-claim for Rs. 19,318 which has been made by defendant. 5. In order to answer this question, it would be useful to examine the scheme of the Act. Part VI of the Act deals with Civil Judges. 19,318 which has been made by defendant. 5. In order to answer this question, it would be useful to examine the scheme of the Act. Part VI of the Act deals with Civil Judges. Under section 21 the State Government has to determine the number of Civil Courts subordinate to the District Court in each district and section 22 empowers State Government to appoint Judges of such Courts. They are called Civil Judges. Section 22-A further empowers the State Government to fix and from time to time alter the local limits of the ordinary jurisdiction of the Civil Judge. Under section 23 the State Government has also to appoint the places at which the Civil Judges have to hold their Courts within the local limits of their respective jurisdiction. Section 24 divides Civil Judges into two classes namely, Civil Judges (Senior Division) and Civil Judges (Junior Division) and provides that the jurisdiction of a Civil Judge (Senior Division) shall extend to all original suits and proceedings of a civil nature and that of a Civil Judge (Junior Division) to all such suits and proceedings wherein the subject matter does not exceed Rs. 25,000 in amount or value. It may be mentioned here that prior to amendment of this section by Maharashtra Act No. 46 of 1977 which came into force on 14th October 1977, this limit stood at Rs. 10,000 and by the said amendment it has been raised to Rs. 25,000. Since in this revision application we are concerned with the section as it stood before its amendment, for the purposes of this judgment, I shall refer to this limits as Rs. 10,000. Lastly section 25 provides that a Civil Judge (Senior Division) in addition to his ordinary jurisdiction shall exercise a special jurisdiction in respect of such suits and proceedings as may arise within the local jurisdiction of the Courts in the district presided over by Civil Judges (Junior Division) and wherein the subject· matter exceeds the pecuniary jurisdiction of the Civil Judge (Junior Division) as defined by section 24. 6. The scheme, therefore, which emerges on reading these sections together is that a district is divided into suitable area and for each such area a Civil Court is established over which a Civil Judge presides. The jurisdiction which such Civil Judge exercises in such area is termed his ordinary jurisdiction. 6. The scheme, therefore, which emerges on reading these sections together is that a district is divided into suitable area and for each such area a Civil Court is established over which a Civil Judge presides. The jurisdiction which such Civil Judge exercises in such area is termed his ordinary jurisdiction. This is the limit of his territorial jurisdiction. His pecuniary jurisdiction depends upon which of the two classes he belongs to. If he is Civil Judge (Senior Division) he can entertain and try all original suits and proceedings irrespective of their valuation. However, if he is a Civil Judge (Junior Division) his pecuniary Jurisdiction is restricted to the limit of Rs. 10,000 subject to the proviso to section 24 with which we are not concerned here. Thus a Civil Judge (Senior Division) can entertain and try all suits and proceedings arising within the local limits of his Court, irrespective of their valuation while a Civil Judge (Junior Division) can do so only with respect to matters falling within the limits of his pecuniary jurisdiction. This, however, would still leave suits and proceedings which originate within the territorial limits of a Court presided over by a Civil Judge (Junior Division) and exceed his pecuniary jurisdiction. Though such Civil Judge would have territorial jurisdiction he will lack pecuniary jurisdiction in respect of such matters. In other words, such matters would be out of the reach of the ordinary jurisdiction of the Civil Judge (Junior Division) or Civil Judge (Senior Division) because the former lacks pecuniary jurisdiction, while the latter lacks territorial jurisdiction. In order to meet this situation the Civil Judge (Senior Division) in the district is invested with special jurisdiction to try them. It is in this way that the Act distinguishes between the ordinary jurisdiction and special jurisdiction of a Civil Judge -(Senior Division). To summarise, the ordinary jurisdiction of a Civil Judge (Senior Division) extends to all those suits and proceedings irrespective of their valuation which arise within the local liming of his Court while his special jurisdiction extends to only those suits and proceedings which arise beyond the local limits of his Court and in the local limits of a Court presided over by a Civil Judge (Junior Division) and their valuation exceeds the pecuniary jurisdiction of the latter. 7. 7. From what has been said above, it would appear that every Civil Court in a district is presided over by a Civil Judge. It may not always be possible for him to cope with the work on his file. In order to provide for this contingency, section 23 authorises the High Court to appoint one or more Civil Judges to such Court to assist the presiding Judge in the disposal of the business on his file. Such Judges are designated as Joint Civil Judges. Now under the terms of section 23 a Joint Civil Judge thus appointed to assist in the Court of another Civil Judge has to dispose of such civil business within the limits of his pecuniary jurisdiction as may, subject to the control of the District Judge, be referred to him by the Judge of such Court. Thus at a given place there is only one Court of a Civil Judge and other Judges are attached to that Court to assist it. These other Judges do not by themselves constitute independent or separate Courts but are part of the same Court. See L. S. Sherltkar v. D. L. Agarwal1. If a Joint Civil Judge appointed to the Court of Civil Judge (Senior Division) happens to be a Civil Judge (Junior Division) he only assists the Civil Judge (Senior Division) in disposing of such matters on the file of that Court, which fall within his pecuniary jurisdiction and such appointment does not deprive the latter to entertain and try such matters. It is in this background that the point involved in this case has to be looked at. 8. In so far as the present suit is concerned, there is no dispute that the cause of action has arisen within the local limits of the jurisdiction of the Court of Civil Judge (Senior Division) at Yeotmal and hence it has been instituted in that Court. It is, therefore, triable by the presiding Judge of that Court in exercise of his ordinary jurisdiction. As seen above, this ordinary jurisdiction which is being exercised by the Civil Judge (Senior Division) at Yeotmal would be in respect of all suits irrespective of their valuation. It may be that suits the subject matter of which do not exceed Rs. 10,000 in value are registered as Regular Suits and other suits are registered as Special Suits. As seen above, this ordinary jurisdiction which is being exercised by the Civil Judge (Senior Division) at Yeotmal would be in respect of all suits irrespective of their valuation. It may be that suits the subject matter of which do not exceed Rs. 10,000 in value are registered as Regular Suits and other suits are registered as Special Suits. But this is done only for administrative purposes and cannot have any bearing- on the exercise of jurisdiction by the Judge presiding over that Court. This classification is made only on the basis of the valuation of a suit irrespective of the area in which it arises. It would, therefore, appear that in so far as the suits which are filed in the Court of Civil Judge (Senior Division) are concerned, the valuation does not make any difference and if that is so, it matters little whether the present suit was registered as a regular suit or as a special suit. The fact remains that the learned Civil Judge (Senior Division), Yeotmal was entertaining the suit as falling within his ordinary jurisdiction, which as seen above, is not limited in so far as the valuation is concerned. Hence, if in the suit of the present nature, a counter-claim which exceeds the amount of Rs. 10,000 is filed, it is not possible to say that it is not within the pecuniary jurisdiction of the Civil Judge (Senior Division), who is entertaining the suit. 9. The view of the learned trial Judge that when the Civil Judge (Senior Division) entertains a suit of the valuation up to Rs. 10,000 he must be treated as accepting the same on behalf of the Joint Civil Judge, (Junior Division) is not correct. As seen above, a Joint Civil Judge has no independent existence apart from the Court to which he is appointed. Hence, even if a Joint Civil Judge (Junior Division) were to be appointed at Yeotmal, he would not constitute a separate Court exercising his ordinary jurisdiction in respect of matter falling within the limits of his pecuniary jurisdiction. As such in the absence of such appointment, it cannot be said the Civil Judge (Senior Division) accepts such matters on behalf of such Joint Civil Judge. 10. As such in the absence of such appointment, it cannot be said the Civil Judge (Senior Division) accepts such matters on behalf of such Joint Civil Judge. 10. The learned Judge was also not right in his view that the present suit was being tried by him in exercise of his special jurisdiction vested in him under section 25 of the Act. It appears that the concept of special jurisdiction as defined in section 25 of the Act has not been clear to the learned Judge. As pointed out above, the special jurisdiction as contemplated by that section extends to suits which arise beyond the local limits of ordinary jurisdiction of Civil Judge (Senior Division) and originate, in local area for which Court of Civil Judge (Junior Division) has been independently established and the subject-matter therein exceeds the pecuniary jurisdiction of the latter. From the facts of the present case, it is obvious that the learned Judge was entertaining the present suit in his ordinary jurisdiction extending over the local limits of Yeotmal. It is, therefore, not possible to agree with him that though the suit was registered as regular suit, he would try it in exercise of his special jurisdiction under section 25 of the Act. II. The learned trial Judge was also not right in refusing to entertain the counter-claim simply because doing so would alter the forum of appeal. It is difficult to see how this could be a factor which would be considered in entertaining a counter-claim, a provision for which has been made in Rule 13 of Order VIII by this Court. Taking such matter into consideration would be adding something to the rule which is not there. 12. In my opinion, therefore, looked at from any point of view, the order of the learned trial Judge cannot be sustained and has to be set aside. 13. In the result, the Revision Application is allowed and the rule is made absolute. The order passed by the trial Court on the application at Exh. 19 on 25-6-1976 is hereby set aside and that application stands dismissed. The costs of this Revision Application shall be costs in the suit. Revision application allowed.