TIKA RAM Vs. NAUBAT

JUDGEMENT

(1.) NAUBAT Singh, the opposite party on 10 -1 -1966 filed a suit for recovery of Rs. 500/ - on the basis of a parole loan in the Nyaya Panchayat. The Applicant contested the suit. He denied having borrowed any money from the Plaintiff. Subsequently, acting Under Section 85 UP Panchayat Raj Act 1947 the Munsif, Ghaziabad withdrew the suit from the jurisdiction of the Nyaya Panchayat and transferred it to the 3rd Addl. Munsif, Ghaziabad for trial. This Munsif on 20 -12 -1966 dismissed the suit on the finding that the Plaintiff had failed to prove the loan. The Plaintiff filed an appeal which succeeded. On 17 -3 -1967 the Judge Small Cause Court, Meerut, allowed the appeal and decreed the suit on the finding that the advance of Rs. 500/ - to the Defendant had been established. Aggrieved the Defendant has come up to this Court in revision. At the hearing of the revision the only point urged by the learned Counsel for the Applicant was that no appeal lay against the decree of the learned Munsif under the provisions of the Panchayat Raj Act. Considering the question to be one of general importance the learned Single Judge has referred the matter' to a larger Bench. That is how this matter has come up before this Bench.

(2.) SECTION 85 UP Panchayat Raj Act provides for transfer of cases from Nyaya Panchayat. In a civil case a Munsif can at any stage withdraw the suit and

(3.) IN Janardan Prasad v. Kalindri Prasad, 1963 AWR 28 a learned Judge of this Court held that when a Munsif tries a suit himself after withdrawing it from the Nyaya Panchayat he acts as a Munsif and not as a persona designata. His decree would be appealable under Part VII of the Code of Civil Procedure. This decision was followed by another learned Judge of this Court in Lakshmi Chand v. Nand Kishore, 1965 ALJ 767. It was held that the UP Panchayat Raj Act does not prescribe any procedure for the trial by the Munsif of cases instituted before the Nyaya Panchayat and withdrawn by him for trial by himself. There is also no provision in the Act with regard to appealable or non -appealable character of the decree or order passed by the Munsif. Such provisions exist with regard to trial of the case by the Nyaya Panchayat only. By implication it can, therefore, be held that the decree or orders passed by the Munsif in such cafes are subject to appeal or revision and by virtue of the provisions of the Bengal, Agra and Assam Civil Courts Act an appeal shall lie to the District Judge and such appeal can be transferred to any civil judge including the additional civil judge for hearing.