HARISH CHAND GUPTA AND ANR. Vs. HABIBULLA

JUDGEMENT

(1.) HEARD for both sides. This is an application under Section 25 of the Provincial Small Causes Courts Act. A suit between landlord and the tenant valued at 58,000/ - and odd was filed before the Special Judge (Additional Judge), Bulandshahr, exercising powers under the SCC Act. It is not denied that a separate Court on Small Causes has been created at Bulandshahr. An objection was taken by the present revisionist before the trial Court that the matter should have gone to the separate Court of Small Causes. This contention was rejected. On perusal of the notification referred to before me it is gathered that the Additional Judge of the districts have been given powers to take up Small Causes suits of unlimited pecuniary value. Courts of Civil Judges and Munsifs were empowered to take up Small Causes matters up to certain valuations only where there was no Court of Small Causes in the District. The creation of the Court of Judge, Small Causes only takes away the SCC powers from the Civil Judges and the Munsifs and not from the Additional Judges. The decision of the trial Court on this point need not, therefore, be interfered with. The application stands dismissed.