COURT ON ITS OWN MOTION Vs. RAMBIR SINGH

JUDGEMENT

(1.) THIS is a reference under Section 113 of the Code of Civil Procedure, 1908 (CPC) made by the Additional District Judge -05 (West Distt.) (Delhi) vide his order dated 7.9.2010 passed in MCA no.19/2010 referring the following questions for the opinion of the High Court: -

(2.) THE essential and the main question which requires consideration for answering this reference is that if an appeal is filed against an order passed by an Additional Senior Civil Judge deciding an application under Order XXXIX Rules 1 and 2 of the CPC in a suit which is valued for pecuniary jurisdiction at less than an amount of Rs.500/ -, then, whether that appeal is to be heard by the District Judge (DJ) or the Additional District Judge (ADJ) or the same can be heard and decided even by a Senior Civil Judge.

(3.) THE question arises because the posts and powers of an Additional Senior Civil Judge are the same as that of a Senior Civil Judge, and since an Additional Senior Civil Judge has original jurisdiction to decide the suits upto a pecuniary jurisdiction of Rs.3 lacs, including obviously, therefore suits having pecuniary jurisdiction upto the value of Rs.500/ - (now which amount is revised to Rs.1000/ -, as given below), thus, can a Senior Civil Judge decide or sit in appeal over orders/decrees passed by an Additional Senior Civil Judge in a civil suit having pecuniary jurisdiction upto Rs.500/ -.