DEEPAK AGENCIES Vs. SEETHALAKSHMI HALL FLOUR MILLS

JUDGEMENT

(1.) In this second appeal, referred to a Division Bench under Section 9 of the Karnataka High Court Act, 1961, the following question of law arises for consideration : Whether the Chief Judge of the Court of Small Causes, Bangalore, who has also been appointed as a Judge of the City Civil Court, had the jurisdiction to dispose of the appeal preferred against the order of the erstwhile Second Munsiff. Bangalore ?

(2.) The above question arises in view of the following facts: A City Civil Court was established for the City of Bangalore under the provisions of the Bangalore City Civil Courts Ordinance, 1979, with effect from 16-11-1979. The Ordinance was replaced by the Bangalore City Civil Courts Act, 1979 (in short 'the Act of 1979'). Section 3 of the Act of 1979 provides that as from the appointed date there shall be a City Civil Court for the City of Bangalore. With effect from the date of establishment of the City Civil Court, the District Courts, the Courts of the Civil Judges and the Munsiff's Courts established under the Karnataka Civil Courts Act, 1964 (Karnataka Act 21 of 1964) within the City of Bangalore stood abolished. Under the new set-up, apart from the City Civil Court, in respect of civil jurisdiction, a Court of Small Causes consisting of the cadre of Civil Judges was also established. According to the provisions of the Karnataka Small Cause Courts Act, 19(SIC)4 (in short 'the Act'), the Chief Judge of the Small Cause Court, Bangalore City, was to be a person belonging to the cadre of District Judges. Section 19 of the Act of 1979 makes special provisions for transfer of pending suits etc., prior to the establishment of the Civil Court, Bangalore to the City Civil Court. Subsections (1) and (2) of Section 19, which are relevant for the purpose of this case, read:

(3.) Elaborating the contention Sri. Ranga Vittalachar, Learned Counsel appearing in the connected appeal and Sri G. Thimmapaiah, Learned Counsel for the appellants in this appeal, submitted as follows: The jurisdiction of the Court of Small Causes are as specified under Sections 24, 25, 26 & 27 of the Act. Section 24 of the Act reads :