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1992 DIGILAW 393 (PAT)

Kamli Mahatowain v. Jaglal Mahto

1992-10-30

B.N.AGRAWAL

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Judgment B.N.Agrawal, J. 1. This revision application has been filed for setting aside the order passed by trial court by which direction has been given to return the plaint and the order passed by appellate Court affirming the same. 2. The plaintiffs filed a suit for declaration of title and recovery of possession and valued the suit land which is situated in Deogbar district at Rs. 769. The defendants took an objection that the suit ought to have been valued in accordance with the first schedule appended to Santhal Civil Rules and if it would have been valued in accordance with the aforesaid provision the valuation could not have exceeded Rs. 500. It has been submitted that according to the Santhal Pargans Justice Regulation, 1893 such suits could have been filed and tried by executive officers appointed under the provision of the said regulation. The trial Court was of the view that the suit ought to have been valued in accordance with the provisions of the aforesaid rules, and its valuation could not have exceed Rs. 500. Therefore it passed an order for return of the point. When an appeal was taken, the lower appellate court affirmed the aforesaid order. Hence this revision application. 3. Learned Counsel appearing on behalf of the petitioners contended that Santhal Civil Rules are not applicable in Deoghar district. This has been framed in exercise of powers conferred under Santhal Parganas Act, 1855 and Santhal Parganas Justice Regulation, 1893 (hereinafter referred to as the Regulation). According to this Regulation, it shall extend to the whole of Santhal Parganas, as described in Act 10 of 1857. Act 10 of 1857 is Santhal Parganas Act, 1857. By this Act in effect and substance, amendments have been made in Santhal Parganas Act, 1855 and a new schedule has been appended to Santhal Parganas Act, 1855 (Act 37 of 1855). So far Deoghar is concerned, the same was included even in the original schedule of 1855 Act and has been retained in the schedule of the Act even after amendment by the aforesaid Act 10 of 1857. These facts show that Deoghar is included in the schedules of these Acts. Since Deoghar is included in the schedules of these two Acts and Santhal Civil Rules have been framed under the provisions of these statutes, it cannot be said that Santhal Civil Rules shall not apply to district of Deoghar. These facts show that Deoghar is included in the schedules of these Acts. Since Deoghar is included in the schedules of these two Acts and Santhal Civil Rules have been framed under the provisions of these statutes, it cannot be said that Santhal Civil Rules shall not apply to district of Deoghar. 4. During the course of argument, learned Counsel for the petitioners has produced Gazette Notification dated 11-2-1950 showing that Presidential order has been issued under paragraph 6 of Fifth Schedule of the Constitution. From bare perusal of the said order, it appears that the same has been issued for different purpose, and even after issuance of the aforesaid order, the aforesaid statutes are applicable within the district of Deoghar. No notification or amending Act has been produced to show that district of Deoghar has been excluded from the operation of the aforesaid statutes. 5. This being the position, in my view, the courts below have righty held that the suit liable to be valued according to the provisions of the Santhal Civil Rules and since the valuation was less than Rs. 500 no illegality has been committed in the impugned order by giving direction to return the plaint. 6. In the result this application fails and is accordingly dismissed. But in the circumstances of the case I direct that parties shall bear their own costs.