Goshir Gyaltsab Rinpoche vs Karmapa Charitable Trust And Others on 20 May, 2017

[Cites 4, Cited by 1]

Sikkim High Court

Goshir Gyaltsab Rinpoche vs Karmapa Charitable Trust And Others on 20 May, 2017

Equivalent citations: AIR 2017 (NOC) 739 (SIK.)

1. The instant Transfer Petition is filed under Section 24 of the Code of Civil Procedure, 1908, by the third defendant therein, seeking transfer of the Title Suit No.1 of 2017 (Karmapa Charitable Trust & Ors. vs. State of Sikkim & Ors.), pending on the file of the District Judge, Special Division-I, East Sikkim, Gangtok to any subordinate court of the lowest grade, having pecuniary jurisdiction in the matter.

2. The facts, in nutshell, relevant for adjudication of the petition, are that the Respondents 1, 2 & 3 with one Kunzig Shamar Rinpoche filed a Title Suit No. 8 of 2004 in the Court of the District Judge (East & North) at Gangtok, seeking a decree for recovery/restoration/ return of the main key of the principal shrine hall of Dharma Chakra Centre, Rumtek, East Sikkim, along with other incidental reliefs. The 3 Tr. P. (C) No. 01/2017 Goshir Gyaltsab Rinpoche vs. Karmapa Charitable Trust & Ors. valuation of the suit was determined at Rs.1,00,000.00 (Rupees One lakh). Accordingly, the suit was filed in the Court of District Judge (East & North) at Gangtok on the basis of valuation of the suit at the relevant point of time.

3. The first Respondent and one Kunzig Shamar Rinpoche moved the Supreme Court of India in a transfer petition, being Transfer Petition (Civil) No.191-194 of 2010, seeking transfer of the said Title Suit No.8 of 2004 titled as Karmapa Charitable Trust & Ors. vs. State of Sikkim & Ors., pending on the file of District Judge, Special Division-I, East Sikkim, Gangtok and also other petitions to the court of any competent jurisdiction preferably at Delhi. The Supreme Court by order dated 07.11.2012 passed the following order:

"2. We have heard learned counsel for the parties and we find that one of the grounds taken in the transfer petitions in support of the prayer for transfer is that the petitioner No. 2 who is also one of the plaintiffs in the aforesaid suit is unable to pursue the suit at Gangtok in Sikkim as by an order passed by the District Magistrate at Gangtok, he has been externed from the State of Sikkim and is unable to enter into the State of Sikkim to pursue his suit as one of the plaintiffs.

3. Mr. Ganguli, learned senior counsel appearing for respondent No. 3 vehemently submitted that besides the petitioner No. 2, there are several other plaintiffs in the suit and this is not a sufficient ground for transfer of the suit.

4. We are unable to accept the submission of Mr. Ganguli. The fact remains that petitioner No. 2 is one of the plaintiffs in the suit and has interest in the outcome of the suit. Hence, in our considered opinion, the suit should be transferred from the State of Sikkim to the neighbouring State of West Bengal and in particular to the Court having appropriate jurisdiction in the District of Darjeeling. The District Judge, Darjeeling shall assign the Title Suit to an appropriate Judge competent to decide the Title Suit.

5. We make it clear that although there were prayers in the transfer petitions for transferring other proceedings, we are only transferring the aforesaid Title Suit. The District Judge at Gangtok is directed to transmit all the records pertaining to the aforesaid Title 4 Tr. P. (C) No. 01/2017 Goshir Gyaltsab Rinpoche vs. Karmapa Charitable Trust & Ors.

Suit to the District Judge, at Darjeeling, West Bengal, within a month of receipt of this order.

6. The Transfer Petitions stand partly allowed."

The title suit was, accordingly, transferred to the Court of District Judge at Darjeeling, West Bengal.

4. In the meantime, the pecuniary jurisdiction of the court was revised lastly by the Sikkim Civil Courts (Amendment) Act, 2013, which was notified on 22.10.2013. The pecuniary jurisdiction of a Civil Judge (Senior Division) was increased to Rs.6,00,000.00 (Rupees Six lakhs) and the jurisdiction of the Civil Judge (Junior Division) was increased to Rs.5,00,000.00 (Rupees Five lakhs).

5. The Petitioner herein/Defendant No.3, in the said title suit, preferred a transfer petition being Transfer Petition (Civil) No. 501 of 2016 in the Supreme Court on 10.03.2016, seeking re-transfer of the Title Suit No. 155 of 2012 (re-numbered after transfer) (Karmapa Charitable Trust & Ors. vs. State of Sikkim & Ors.), pending in the Court of Civil Judge, Sr. Division at Silliguri, West Bengal back to the Court of original Jurisdiction of the District Judge, East Sikkim at Gangtok. The Supreme Court by order dated 19.09.2016, allowed the petition as under:-

"For the reasons recorded hereinabove, we are of the view, that the prayer made in the instant transfer petition deserves to be granted. The same is accordingly allowed. The records of Title Suit No. 155/2012 (re-numbered on transfer) be transferred from the Court of the learned Civil Judge, Senior Division, Silliguri, West Bengal to the original jurisdictional Court, namely, the District Judge, East Sikkim at Gangtok, within four weeks from today. Parties shall appear before the learned District Judge, East Sikkim at Gangtok on 24.10.2016.

5 Tr. P. (C) No. 01/2017

Goshir Gyaltsab Rinpoche vs. Karmapa Charitable Trust & Ors.

Since the matter has been pending for quite some time, we hope and expect, the trial Court would expedite the disposal of the same, as far as possible.

The instant transfer petition is allowed, in the aforesaid terms. "

6. The case file of the pending Title Suit pending in the Court of Civil Judge, Sr. Division at Silliguri, West Bengal was re-transferred to the Court of District Judge, and re-numbered as Title Suit No. 01 of 2016, which is sought to be transferred to any subordinate Court of the lowest grade, having pecuniary jurisdiction and competent to try the same, by this petition.

7. Mr. N. Rai, learned Senior counsel appearing for the Petitioner, would contend that the pecuniary jurisdiction of a Civil Judge (Senior Division) has been enhanced from Rs.60,000/- to Rs.6,00,000/- and that of a Civil Judge (Junior Division) from Rs.50,000/- to Rs.5,00,000/- by operation of the Sikkim Civil Courts (Amendment) Act, 2013. Thus, the Civil Judge (Junior Division) is the most competent court having pecuniary jurisdiction to adjudicate the dispute in the pending case. It is further submitted that at the time of the filing of the title suit, the competent court, having pecuniary jurisdiction, was the Court of the District Judge. On change of pecuniary jurisdiction of the Courts, the suit deserves to be transferred to the subordinate court having the relevant pecuniary jurisdiction. Referring to certain orders rendered by the District Judge, whereby other Civil Suits pending in the Court of the District Judge, pursuant to the decision of the High Court of Sikkim, were transferred to the Civil Judge (Junior Division), Mr. Rai, would contend that this Title Suit is also required to be transferred to the 6 Tr. P. (C) No. 01/2017 Goshir Gyaltsab Rinpoche vs. Karmapa Charitable Trust & Ors. proper Court, i.e. subordinate Court, to enable the Petitioner herein to avail further remedy of appellate jurisdiction of the District Court.

8. In response, Mr. K. K. Rai, Senior Advocate appearing for the Respondents 1, 2 and 3, would contend that the transfer of the pending suit is not automatic unless there is a statutory prescription in the amendment Act, itself. There is no such prescription in the Amendment Act, 2013. Thus, the pending suit is triable by the same Court wherein the disputes are pending consideration. It is further contended that the amendment Act came into force w.e.f. 22.04.2013 much before filing of the transfer petition, by the petitioner, in the Supreme Court, seeking transfer from the Court of Civil Judge, Senior Division at Silliguri, West Bengal to the original jurisdictional Court, namely the District Judge, East Sikkim at Gangtok. The Supreme Court has considered all aspects of the matter and transferred the case to the Court of the District Judge, East Sikkim at Gangtok, thus seeking further transfer to subordinate Court is tantamount to review of the Supreme Court's order dated 19.09.2016. In view of that, the transfer petition deserves to be dismissed.

9. Heard learned senior counsel appearing for the parties, perused pleadings and documents appended thereto.

10. Indisputably, the Petitioner herein moved the Supreme Court in transfer petition, being Transfer Petition (Civil) No. 501 of 2016, seeking transfer of the pending title suit being Title Suit No. 155 of 2012 from the court of learned Civil Judge, Senior Division, Silliguri, West Bengal to the original jurisdictional Court namely the District Judge, East 7 Tr. P. (C) No. 01/2017 Goshir Gyaltsab Rinpoche vs. Karmapa Charitable Trust & Ors. Sikkim, at Gangtok, as evident from the prayer made by the Petitioner in the transfer petition (supra) filed on 10.03.2016. The Petitioner was aware of the amendment in the pecuniary jurisdiction of the court. The pecuniary jurisdiction of the Civil Courts was enhanced by notification dated 22.10.2013, which is the sole basis of the contention of the learned senior counsel, seeking transfer of the title suit in the instant transfer petition to the subordinate Court. In view of this fact, being in the knowledge of the Petitioner, the Petitioner ought to have sought transfer of the pending title suit from the court of Civil Judge, Senior Division, Silliguri, West Bengal to the court of the Civil Judge, Gangtok in the transfer petition filed in the Supreme Court of India, which was not done. The Supreme Court, having examined all aspects of the matter, directed transfer of the matter from the Court of Civil Judge, Senior Division, Silliguri, West Bengal to the original jurisdictional Court, namely, the District Judge, East Sikkim at Gangtok. In normal course, the Petitioner was entitled to seek transfer of the case from District Court to subordinate Court on the basis of change of pecuniary jurisdiction. However, in the case on hand, when the issue stands settled by the Supreme Court in the transfer petition, filed by the Petitioner after change of pecuniary jurisdiction, interference in the order may tantamount to the modification of the order dated 19.09.2016 passed by the Supreme Court. Thus, it is improper on the part of the High Court to interfere with the order passed by the Supreme Court in the transfer petition.

11. Thus, in the aforestated conspectus of the facts, this Transfer Petition is not entertainable by this Court at this stage. 8 Tr. P. (C) No. 01/2017

Goshir Gyaltsab Rinpoche vs. Karmapa Charitable Trust & Ors.

12. Resultantly, the Transfer Petition is dismissed. No order as to costs.





                                                                             Chief Justice
                                                                                   20.05.2017




     Approved for Reporting      : Yes/No.
pm   Internet                    : Yes/No.

Unlock Advanced Research with PRISMAI

Sikkim High Court