Calcutta High Court (Appellete Side)
5.04.19 vs Mr. Dipankar Sen & Ors on 5 April, 2019
Author: Biswajit Basu
Bench: Biswajit Basu
1
22
sandip C.O. No. 805 of 2019
Ct. 21 Mr. Ashim Safui
05.04.19Versus Mr. Dipankar Sen & Ors.
Mr. Sukanta Chakraborty ... for the petitioner. Mr. Shehnaz Tareq Mina, Mr. Intikhab Alam Mina ... for the opposite party.
Issue involved in the present revisional application under Article 227 of the Constitution of India requires investigation to the question, what is the limit of the pecuniary jurisdiction of the learned Civil Judge, (Junior Division), 2nd Court at Alipore?
Precise fact necessary to deal with the said issue needs to be recorded.
The petitioner filed a suit being Title Suit No. 1091 of 2018 in the 2nd Court of learned Civil Judge, (Junior Division), at Alipore, District 24 Parganas (South). The reliefs claimed in the suit have been valued at Rs. 31,100/-.
The defendant nos. 1 and 2 filed an application under Section 24 of the Code of Civil Procedure before the learned District Judge At Alipore for transfer of the said suit from the 2nd Court of learned Civil Judge 2 (Junior Division), Alipore to the Court of the 3rd Court of learned Civil Judge, (Junior Division), at Alipore on the ground that the learned Court where the said suit is pending has no territorial jurisdiction over the subject matter of the said suit.
The learned District Judge by the order impugned in the present revisional application has allowed the said application filed by the defendant nos. 1 and 2 by directing that the Title Suit No. 1091 of 2018 be withdrawn from the Court of learned Civil Judge (Junior Division) 2nd Court, Alipore and be transferred to the Court of learned Civil Judge (Junior Division), 1st Court at Alipore for disposal.
Section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887 (hereinafter referred to as the "said Act of 1887" in short) deals with the extent of the pecuniary jurisdiction of Civil Judges (Junior Division).
Sub-Section (1) of Section 19 of the said Act of 1887 confers jurisdiction to the Civil Judges (Junior Division) to entertain and decide suits of which the value does not exceed, Rupees Thirty Thousand Sub- Section (2) thereof empowers the State Government on recommendation of High Court to notify in the official 3 gazette with respect to any Civil Judge (Junior Division) named therein that his jurisdiction shall extend to all like suits of such value not exceeding Rupees Sixty Thousand as may be specified in the said notification.
It is contended on behalf of the petitioner that the learned Civil Judge (Junior Division) 2nd Court, Alipore, Dist. 24 Parganas (South) is the only Court of Civil Judge (Junior Division) at Alipore vested with the jurisdiction to entertain and decide a suit value of which exceeds, Rupees Thirty Thousand by virtue of a notification published under the said Sub-Section (2) of Section 19 of the said Act of 1887.
The learned Civil Judge (Junior Division) 2nd Court, Alipore, is therefore, according to the petitioner is only the Court of the learned Civil Judge (Junior Division) at Alipore having the pecuniary jurisdiction to entertain and decide the Title Suit No. 1091 of 2018 as such the said suit cannot be transferred to any other Court of Civil Judge (Junior Division) for disposal.
However, learned counsel for the parties could not produce the relevant notification under Sub- Section (2) of Section 19 of the said Act of 1887 empowering the 2nd Court of learned Civil Judge 4 (Junior Division) at Alipore to entertain and decide suits of which value exceeds Rupees Thirty Thousand.
In view of such position of the matter, the learned District Judge at Alipore is requested to submit a report to this Court, on the aforementioned issue along with a copy of the notification of the State Government, under Sub-Section (2) of Section 19 of the said Act of 1887, if there be any through the Registrar (Judicial Service), High Court, Calcutta within a week from the date of communication of this order.
Let a copy of this order be communicated to the learned District Judge at Alipore Dist. 24 Parganas (South) immediately through the Registrar (Judicial Service), High Court, Calcutta.
Let the matter come up in the Supplementary List after three weeks under the same heading.
(Biswajit Basu, J.) 5 6