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Showing contexts for: KHAMMAM in Jalagam Sitarama Rao And Anr. vs The State Of Andhra Pradesh on 31 August, 1977Matching Fragments
1. These two transfer C. M. Ps. under S. 24 of the Civil P. C. are for the transfer of the suits from the Agency Court to a Civil Court. Tr. C.lM. P. No. 5301/77 is filed for transfer of the suit, O. S. No. 5/77 on the file of the Agent to Government at Khammam to the Court of the Subordinate Judge at Khammam. Tr. C. M. P. No. 7231/77 is for the transfer of O. S. No. 8/76 on the file of the Agent to the State Government (District Collector), Warangal to the file of the Subordinate Judge's Court or District Judge's Court at Warangal.
(4) In relation to Amindivi Islands, the East Godavari, West Godavari and Visakhapatnam Agencies in the State of Andhra Pradesh and the Union territory of Lakshadweep, the application of this Code shall be without prejudice to the application of any rule regulation for the time being in force in such islands, Agencies or such Union territory, as the case may be, relating to the application of this case."
It would be seen that by virtue of sub-sec. (3) of S. 1, the Civil P. C. extends to the whole of India except (among others) of the "tribal Areas." The areas which are deemed to be "Tribal Areas for the purposes of sub-sec. (3) of Sec. 1, are specified in the Explanation." "Tribal Areas" do not comprise of every area where there are tribals, but only such of those areas which immediately before the 21 day of Jan. 1972, were included in the tribal areas of Assam as referred to in para 20 of the sixth Schedule to the Constitution. However, sub-sec. (4) of S. 1 declares that in relation to the territories mentioned therein, the application of the Code shall be without prejudice to the application of any rule or regulation for the time being in force in such Islands, Agencies or such Union territories. The territories referred to therein, so far as the State of Andhra Pradesh is concerned, are East Godavari, West Godavari and Visakhapatnam Agencies. It would thus be noticed that no portion of Khammam District or Warangal district falls within the exceptions specified in Cl. (A) or (b) sub-sec. (3) or (4) of S. 1 C. P. C. Therefore, the Code of Civil Procedure by virtue of the territorial extent defined under S. 1 of the Act, applies to Khammam and Warangal Districts of Andhra Pradesh as well. S. 4 of the Code however declares that in the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law for the time being in force. S. 5 (1) and (2) of the Code further declares as follows:-
5. At the present juncture, it would be sufficient to note that the Civil P.C. in view of the territorial extent defined by sub-secs. (3) and (4) of S. 1 of the Act, applies to the Districts of Khammamas well as Warangal irrespective of whether that area of Khammam District and that area of Warangal District with respect to which the petitions are filed are within or beyond the agency area of Khammam and Warangal respectively.
6. Section 3 of the Civil P.C. declares that for the purpose of the Code, the District Court, and every Civil Court of a grade inferior to that of a District Court, and every court of small causes is subordinate to the High Court and District Court. But what is a "Civil Court" is not defined in the Code.
25. On the facts of the present two cases even the respondent does not deny that these were eminently fit cases which ought to be transferred from the Agency Court to another Court. The suits are against the Government and plaintiffs made certain allegations against the Agent as furnishing cause of action for those suits. It is, therefore, just and necessary to transfer the suits to a Civil Court instead of to another Agency Court.
26. These petitions are, accordingly allowed and the suit O. S. No. 5 of 1977 on the file of the Agent (Collector) to the State Government at Khammam is transferred to the Court of the Subordinate Judge, Khammam and O. S. No. 8 of 1976 on the file of the Agent (Collector) to the State Government at Warangal is transferred to the Court of the Subordinate Judge, Warangal. There will be no order as to costs.