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1980 DIGILAW 36 (BOM)

Bajranglal K. Agrawal and others v. Narayan Krishna Patwardhan

1980-02-01

M.R.WAIKAR

body1980
JUDGMENT - WAIKAR M.R., J. : - This revision is filed by the original defendant against an order passed by the Civil Judge, Junior Division, Akot in Regular Civil Suit No. 151 of 1974 transforming that regular civil suit into a small cause suit. 2. The non-applicant had filed Regular Civil Suit No. 151 of 1974 on. 9-7-1974 for ejectment and damages against defendants. The suit for the purpose of jurisdiction was valued at Rs. 1,050. On 2-5-1979 the Presiding Judge passed the following impugned order: “The suit is transferred on small cause side as I am invested with small cause powers of Rs. 1,200 and the suit is far eviction or termination of tenancy of the house.” It is this order which is being assailed in this revision by the original defendants. 3. It is submitted by Shri Ingle that the pecuniary jurisdiction of a Small Cause Court was raised upto Rs. 2,000 by the Maharashtra Civil Courts(Enhancement of Pecuniary Jurisdiction and Amendment) Act, 1977; (hereafter called as the Amending Act). He further submitted that section 19 of this amending Act did not, however, affect the pending matters which were required to be tried and decided as if the new Amending Act had not come into force. It is, therefore, submitted by him that the Presiding Judge acted in contravention of this saving clause in converting this pending suit registered as regular civil suit into a small cause one. 4. I find that even apart from the saving section 19 of the Amending Act, which has been referred to by Shri. Ingle, the order passed by the Presiding Judge was improper. 5. Under section 15(2) of the Provincial Small Cause Court Act, 1887(hereafter called the Act) before the amendment, all suits of a civil nature of which the value did not exceed five hundred rupees were cognizable by a Court of Small Causes. By virtue of section 15(3) before amendment, the State Government could by order in writing direct that all suits of a civil nature of which the value did not exceed Rs. 2,000 shall be cognizable by Quirt of Small Causes mentioned in that order. 6. Now by the Amending Act of the year 1977 section 15(2) now provides that all suits of civil nature of which value does not exceed two thousand rupees are cognizable by a Court of Small Causes. 2,000 shall be cognizable by Quirt of Small Causes mentioned in that order. 6. Now by the Amending Act of the year 1977 section 15(2) now provides that all suits of civil nature of which value does not exceed two thousand rupees are cognizable by a Court of Small Causes. The change in section 15(3) effected by the amendment is that the State Government may now invest a particular Court of Small Cause by order in writing to take cognizance of suits the value of which does not exceed rupees five thousand. 7. Thus even when the Act was unamended, though generally suits valued upto Rs. 500 were cognizable as Small Cause suits, a particular Small Cause Court by order in writing from the State Government could take cognizance of suits of valuation not exceeding rupees two thousand. If during the pendency of a suit being tried as a regular civil suit, the said Court came to be invested with powers under section 15(3) by which it could take cognizance of that suit(registered as a regular suit) as a small cause suit, then whether he could convert that suit as a small cause suit or not is governed by section 32 of the Act, which is in these terms: “32(1) So much of Chapters III and IV as relates to:- (a) the nature of the suits cognizable by Courts of Small Causes. (b) the-exclusion of the jurisdiction of other Courts in those suits, (c) the practice and procedure of Courts of Small Causes. (d) appeal from certain orders of those Courts and revision of cases decided by them, and (e) the finality of their decrees and orders subject to such appeal and revision as are provided by this Act, applies to Courts invested by or under any enactment for the time being in force with the jurisdiction of a Court of Small Causes so far as regards the exercise of that jurisdiction by those Courts. (2) Nothing in sub-section(1) with respect to Courts invested with the jurisdiction of a Court of Small Causes applies to suits instituted or proceedings commenced in those Courts before the date on which they were invested with that jurisdiction.” 8. (2) Nothing in sub-section(1) with respect to Courts invested with the jurisdiction of a Court of Small Causes applies to suits instituted or proceedings commenced in those Courts before the date on which they were invested with that jurisdiction.” 8. The plain meaning of section 32(2) of the Act thus is that if a suit is filed in the ordinary Civil Court, the subsequent investment of such a Court with the powers of a Small Cause Court would not make the provisions of sub-section(1) of section 32 applicable. Section 32(2) of the Act is applicable not only to cases where a Court is invested with Small Cause powers for the first time, but also to cases where the pecuniary limit of the jurisdiction already vesting is raised. Therefore, when a case is instituted in a Court which has certain powers, it must be tried by that Court irrespective of subsequent increase in the powers. Thus apart from section 19 of the Amending Act, section 32(2) of the Act itself operated as a saving clause and the Presiding Judge, therefore was not justified in transforming this suit, which was already registered on a regular side, into a small cause suit consequent on increase in his powers to try suits of the valuation of Rs. 1200. The order, therefore, has to be quashed and set aside. 9. In the result, the revision application is allowed and the order dated 2-5-1979 passed by the lower Court is quashed and set aside with a direction that the lower Court shall try the suit as a Regular Civil Suit. He is directed to dispose of the matter as expeditiously as possible since it is pending from 1974. In the circumstances of the case, no order as to costs. Revision allowed. ------