SYNDICATE BANK Vs. VITTALBHAT

JUDGEMENT

(1.) This Revision Petition is directed against the order made by the learned Civil Judge, Udupi, on 31-5-1989 in case No. Ex. 73/87 (O.S. No. 34/85) transferring the said execution case to the Court of the Munsiff, Udupi, in view of the amendment to the Karnataka Civil Courts Act, 1964, by the Karnataka Civil Courts Laws (Amendment) Act, 1989 (Karnataka Act No. 1.3 of 1989)which provided pecuniary jurisdiction up to fifty thousand to the Court of the Munsiff. Hence this Petition.

(2.) The Revision Petitioner, Syndicate Bank, was the plaintiff in O.S.No. 34 of 1985 on the file of the Court of the Civil Judge, Udupi. The suit was decreed and the decree was sought to be executed in Ex.No.73 of 1987. During the pendency of the execution proceedings, the amendment in question has come into force altering the pecuniary jurisdiction of the Civil Courts. The relevant provision for the purpose of this case is Section 4(1) (b) of the amending Act of 1989. It reads:

(3.) Sri B.R. Aswatharam, learned Counsel appearing for the petitioner, mainly urged the following points in support of the revision petition. (i) The learned Civil Judge committed an error in holding that the proceedings in the instant case was covered by clause (b) of sub-section (1) of Section 4 of the amending Act. (ii) He should have seen that by virtue of Section 141 of the Code of Civil Procedure, the execution proceedings arising out of the decree did not come within the purview of Section 4(1)(b) of the amending Act and therefore he should have retained the execution proceedings on his file and disposed of the same in accordance with law. (iii) By virtue of Section 38 C.P.C., the decree can be executed either in the Court which passed it or the Court to which it is sent for execution on an application as required by Section 39 C.P.C., and in the absence of such an application having been presented, there was no need for the learned Civil Judge to transfer the proceedings to the Court of the Munsiff, (iv) In view of the law laid down by this Court in PERIYAKKAL N. & OTHERS vs CO-OPERATIVE TOURIST & TRANSPORT SOCIETY & ANOTHER, the proceedings arising out of the decree are saved and therefore they are not liable to be transferred to'the Court of the Munsiff under Section 4(1 )(b) of the amending Act.