AI Structured Summary
Facts, law points, precedents, ratio and the final ruling — distilled from the full judgment
AI Structured Summary
Facts, law points, precedents, ratio and the final ruling — distilled from the full judgment
Facts
The petitioner was the plaintiff in Title Suit No. 1091 of 2018, a suit for permanent and mandatory injunction, filed in the Second Court of the learned Civil Judge (Junior Division) at Alipore. The value of the suit was Rs. 31,100. It was admitted that the Second Court lacked territorial jurisdiction over the subject-matter of the suit. The defendants/opposite parties filed an application under Section 24 of the Code of Civil Procedure before the learned District Judge, Alipore, registered as Misc. Case No. 612 of 2018, seeking transfer of the suit to the First Court of the learned Civil Judge (Junior Division) at Alipore on the ground that the First Court had territorial jurisdiction. By order no. 4 dated January 22, 2019, the learned District Judge allowed the application, withdrew the suit from the Second Court and transferred it to the First Court, and also dismissed the application for stay and the application for police help filed in the suit. The plaintiff thereafter filed the revisional application under Article 227 of the Constitution of India. The plaintiff contended that although the Second Court lacked territorial jurisdiction, the suit value exceeded Rs. 30,000, and the Second Court was the only Court of the learned Civil Judge (Junior Division) at Alipore which had pecuniary jurisdiction as a court notified under sub-section (2) of Section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887. Two Information Slips dated February 21, 2019 were filed, one from the Sheristader of the First Court stating that the upper limit of its pecuniary jurisdiction was Rs. 30,000, and the other from the Sheristader of the Second Court stating that the upper limit of its pecuniary jurisdiction was Rs. 60,000. As the parties could not produce the notification under Section 19(2), this Court by order dated April 05, 2019 sought a report from the learned District Judge at Alipore through the Registrar (Judicial Service). The learned District Judge submitted a report dated April 17, 2019, stating his inability to produce the notification as, after thorough search since April 11, 2019, he did not find any notification relating to the vesting of power with a Civil Judge (Junior Division) to entertain suits exceeding Rs. 30,000 and up to Rs. 60,000. This Court by order dated June 12, 2019 directed the petitioner to serve a copy of the revisional application upon the learned Government Pleader, requiring the presence of the State. Pursuant thereto, Mr. Robiul Islam, learned advocate, appeared and supplied a photocopy of the notification under Section 19(2) bearing no. 272-JL dated August 12, 2016, published in the Kolkata Gazette on September 01, 2016. By that notification, the pecuniary limit of the jurisdiction of several Courts of learned Civil Judge (Junior Division) in the District of 24 Parganas (South), including the First Court, Alipore, and the Second Court, Alipore, was extended to all like suits of which the value does not exceed Rs. 60,000. The petitioner also submitted that the Second Court had, by Order No. 13 dated September 20, 2018, allowed the application for implementation of the order of injunction by police help, but the learned District Judge had erroneously dismissed that application while allowing the Misc. Case. The defendants/opposite party nos. 1 and 2 did not dispute that submission.
Law Points
The Court had to decide whether the order of the learned District Judge transferring Title Suit No. 1091 of 2018 from the Second Court of the learned Civil Judge (Junior Division) at Alipore to the First Court of the learned Civil Judge (Junior Division) at Alipore under Section 24 of the Code of Civil Procedure called for interference under Article 227 of the Constitution of India. It had also to decide whether the First Court had pecuniary jurisdiction to entertain the suit valued at Rs. 31,100 in view of Section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887 and the notification under Section 19(2) thereof. A further question was whether the rejection of the petitioner's application for police help was sustainable.
Acts & Articles
Code of Civil Procedure, 1908, Section 24. Bengal, Agra and Assam Civil Courts Act, 1887, Section 19, including sub-sections (1) and (2). Constitution of India, 1950, Article 227. The Bengal, Agra and Assam Civil Courts (West Bengal Amendment) Act, 2000, referred to as amending Section 19. Notification No. 272-JL dated August 12, 2016, published in the Kolkata Gazette on September 01, 2016, issued under Section 19(2) of the Bengal, Agra and Assam Civil Courts Act, 1887.
Judgments Referred
Not discussed in this judgment.
Obiter Dicta
The Court observed that it was really astonishing that the Sheristader of the Second Court of the learned Civil Judge (Junior Division) at Alipore could supply information on February 21, 2019 that the pecuniary limit of that Court was Rs. 60,000, when the learned District Judge, Alipore, after thorough search since April 11, 2019, did not find any notification relating to the vesting of power with a Civil Judge (Junior Division) to entertain suits exceeding Rs. 30,000 and up to Rs. 60,000.
Ratio Decidendi
A transfer under Section 24 of the Code of Civil Procedure to a court which has both territorial and pecuniary jurisdiction is not liable to interference under Article 227 of the Constitution of India. The pecuniary jurisdiction of a Civil Judge (Junior Division) may be extended beyond Rs. 30,000 and up to Rs. 60,000 by a State Government notification under Section 19(2) of the Bengal, Agra and Assam Civil Courts Act, 1887. Where such a notification covers the transferee court, the order transferring the suit to that court does not call for interference. In the present case, the First Court of the learned Civil Judge (Junior Division), Alipore, had territorial jurisdiction over the subject-matter of the suit and also pecuniary jurisdiction under Notification No. 272-JL dated August 12, 2016, and therefore the impugned order did not call for interference.
Final Ruling
CO 805 of 2019 was disposed of. The order impugned did not call for any interference so far as the transfer of the suit was concerned. However, the portion of the order impugned whereby the application for police help filed by the petitioner was rejected was set aside, since the defendants/opposite party nos. 1 and 2 did not dispute the petitioner's submission. There was no order as to costs. A copy of Notification No. 272-JL dated August 12, 2016, published in the Kolkata Gazette on September 01, 2016, along with a copy of the order, was directed to be communicated to the learned District Judge, Alipore, South 24 Parganas, by the learned Registrar (Judicial Service), and the learned District Judge was required to circulate the said notification as well as the copy of the order to all concerned. Urgent photostat certified copy of the order, if applied for, was to be supplied to the parties subject to compliance with all requisite formalities. The effect for the parties is that the suit remains transferred to the First Court of the learned Civil Judge (Junior Division) at Alipore, while the rejection of the police help application is set aside.
Plain-Language Gist
The plaintiff filed a suit in the Second Court of the Civil Judge (Junior Division) at Alipore, but that court did not have territorial jurisdiction, so the District Judge transferred the suit to the First Court. The plaintiff objected that only the Second Court had the required pecuniary jurisdiction, but the High Court found a government notification showing that the First Court could also hear suits up to Rs. 60,000, and therefore the transfer was valid. The High Court, however, set aside the part of the District Judge's order that had rejected the plaintiff's request for police help to enforce an injunction.
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Judgment
Biswajit Basu, J
1) The revisional application under Article 227 of the Constitution of India is at the instance of the plaintiff in a suit for permanent as well as mandatory injunction and is directed against the order no. 4 dated January 22, 2019 passed by the learned District Judge, Alipore, South 24 Parganas, in Misc. Case No. 612 of 2018.
2) The plaintiff filed the connected suit being Title Suit No. 1091 of 2018 in the Second Court of learned Civil Judge, (Junior Division), at Alipore. The value of the said suit is Rs. 31,100/-. Admittedly, the said 2nd Court of learned Civil Judge (Junior Division) at Alipore, Dist. : 24 Parganas(South) lacks the territorial jurisdiction over the subject-matter of the said suit.
3) The defendants filed an application under Section 24 of the Code of Civil Procedure before the learned District Judge at Alipore registered as Misc. Case No. 612 of 2018 for transfer of the said suit to the 1st Court of learned Civil Judge (Junior Division) Alipore, Dist.: 24 Parganas(South) on the ground that the said Court has the territorial jurisdiction over the subject-matter of the said suit.
4) The learned District Judge, Alipore, Dist. 24 Parganas(South) by the order impugned in the present revisional application has allowed the said application thereby transferred the said suit to the 1st Court of learned Civil Judge (Junior Division) at Alipore after withdrawing the same from the 2nd Court of learned Civil Judge (Junior Division) at Alipore and dismissed the application for stay as well as the application for police help filed in the said suit.
5) It is the consistent case of the plaintiff that the 2nd Court of learned Civil Judge (Junior Division) at Alipore, although lacks territorial jurisdiction over the subject-matter of the said suit but the value of the said suit since exceeds Rs. 30,000/-, the said Court is the only Court of learned Civil Judge (Junior Division) at Alipore, which has the pecuniary jurisdiction to entertain the said suit being a Court notified under sub-section (2) of Section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887 (hereinafter referred to as the said Act, 1887, in short).
6) Mr. Chakraborty, learned counsel appearing on behalf of the petitioner to ratify the said stand of the petitioner filed two Information Slips both dated February 21, 2019. One issued by the Sheristader of the 1st Court of learned Civil Judge (Junior Division) at Alipore, with the information that upper limit of the pecuniary jurisdiction of the said Court is Rs. 30,000/- and the other Information Slip issued by the Sheristader of the 2nd Court of learned Civil Judge (Junior Division) at Alipore, with the information that the upper limit of the pecuniary jurisdiction of the said Court is Rs. 60,000/-.
7) Section 19 of the said Act of 1887 determines the extent of pecuniary jurisdiction of Civil Judges (Junior Division). Sub-section (1) thereof limits the said jurisdiction of the Civil Judges (Junior Division) in respect of the suits valued upto Rs. 30,000/-.
8) However, the State Government on the recommendation of the High Court by virtue of sub-section (2) of the said Section 19 of the said Act of 1887 may direct by notification in the Official Gazette with respect to any Civil Judges (Junior Division) named therein that his jurisdiction shall extend to all like suits of such value not exceeding Rs. 60,000/- as may be specified in the notification.
9) Section 19 of the said Act of 1887 as amended by The Bengal, Agra, and Assam Civil Courts (West Bengal Amendment) Act, 2000 is reproduced below for ready reference:-
"19. Extent of jurisdiction of [Civil Judges (Junior Division)].-
(1) Save as aforesaid, and subject to the provisions of sub-section (2), the jurisdiction of a, [Civil Judges (Junior Division)] extends to all like suits of which the value does not exceed [thirty thousand rupees].
(2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette, with respect to any [Civil Judges (Junior Division)] named therein that his jurisdiction shall extend to all like suits of such value not exceeding [sixty thousand rupees] as may be specified in the notification. (W.B.).
In Bihar does not exceed rupees 150000 [one lakh fifty thousand rupees]:
Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this sub-section."
10) The parties since could not produce the copy of the said notification under Section 19(2) of the said Act of 1887, this Court by the order dated April 05, 2019 sought for a report from the learned District Judge at Alipore, Dist. : 24 Parganas (South) through the Registrar (Judicial Service) of this Court regarding the aforementioned notification with a copy of the said notification.
Pursuant to the said direction the learned District Judge, Alipore submitted his report dated April 17, 2019 which the Registrar (Judicial Service) placed before me under his letter dated April 18, 2019.
11) In the said report the learned District Judge, Alipore expressed his inability to produce the said notification as after thorough search since April 11, 2019 he did not find any notification relating to the vesting of power with Civil Judge (Junior Division) to entertain suits exceeding Rs. 30,000/- and upto Rs. 60,000/-.
12) It is really astonishing if that be the position how the Sheristader of the 2nd Court of learned Civil Judge (Junior Division) at Alipore, could able to supply the information to one Mr. Pijush Mallick, learned advocate at Alipore Judges Court on February 21, 2019 that the limit of pecuniary jurisdiction of the said Court is Rs. 60,000/-.
13) Be that as it may under the aforesaid circumstances, this Court by the order dated June 12, 2019 directed the petitioner to serve a copy of the revisional application upon the learned Government Pleader with the intimation that this Court requires presence of the State to resolve the issue involved in the present revisional application.
14) Mr. Robiul Islam, learned advocate, pursuant to the aforesaid direction appeared in the matter and supplied the photocopy of the notification under Section 19(2) of the said Act of 1887 bearing no. 272-JL dated August 12, 2016 published in the Kolkata Gazette on September 01, 2016.
15) On perusal of the said notification it appears that by the said notification the pecuniary limit of the jurisdiction of the following Courts of learned Civil Judge (Junior Division) in the District of 24 Parganas (South) has been extended to all like suits of which the value does not exceed Rs. 60,000/- :-
"1) The Civil Judge (Junior Division), 1st Court, Alipore,
2) The Civil Judge (Junior Division), 2nd Court, Alipore,
3) The Civil Judge (Junior Division), 3rd Court, Alipore,
4) The Civil Judge (Junior Division), 4th Court, Alipore,
5) The Civil Judge (Junior Division), 5th Court, Alipore,
6) The Civil Judge (Junior Division), 6th Court, Alipore,
7) The Civil Judge (Junior Division), 1st Addl. Court, Alipore,
8) The Civil Judge (Junior Division), 2nd Addl. Court, Alipore,
9) The Civil Judge (Junior Division), 3rd Addl. Court, Alipore,
10) The Civil Judge (Junior Division), 2nd Court, Sealdah,
11) The Civil Judge (Junior Division), Addl. Court, Sealdah,
12) The Civil Judge (Junior Division), 1st Court, Diamond Harbour,
13) The Civil Judge (Junior Division), 2nd Court, Diamond Harbour,
14) The Civil Judge (Junior Division), 1st Addl. Court, Diamond Harbour and
15) The Civil Judge (Junior Division), 2nd Court, Diamond Harbour, in South 24 Parganas district."
16) In view of the fact that the 1st Court of learned Civil Judge (Junior Division), Alipore has territorial jurisdiction over the subject-matter of Title Suit No. 1091 of 2018 and the said Court has also pecuniary jurisdiction over the said suit, the order impugned does not call for any interference.
17) However, Mr. Chakraborty, learned counsel appearing on behalf of the petitioner, submits that the 2nd Court of learned Civil Judge (Junior Division) at Alipore vide Order No. 13 dated September 20, 2018 had allowed the application filed by the petitioner for implementation of the order of injunction passed in the suit by police help but the learned District Judge at Alipore while allowing the said Misc. case has erroneously dismissed the said application.
Mr. Mina, learned counsel appearing on behalf of the defendants/opposite party nos. 1 and 2, since is not disputing the said submission of Mr. Chakraborty, the portion of the order impugned whereby the application for police help filed by the petitioner has been rejected is set aside.
18) With the above, CO 805 of 2019 is disposed of. No order as to costs.
Let a copy of the Notification being No. 272-JL-dated 12th August, 2016 published in the Kolkata Gazette on September 1, 2016 along with the copy of this order be communicated to the learned District Judge, Alipore, South 24 Parganas by the learned Registrar (Judicial Service).
The learned District Judge at Alipore, South 24 Parganas is required to circulate the said Notification as well as the copy of this order to all concerned.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.