MEDAM VENKATA SUBBARAMIAH SETTY Vs. K. HARI RAO

JUDGEMENT

(1.) THIS is a reference made to this Court by the District Munsif of Kurnool under, Order XLVI, Rule 6 (1), Code of Civil Procedure.

(2.) THE facts that gave vise to I he reference may be briefly stated. Two suits, O. S. No. 85 of 3.S55 and O.S. No. 361 of 1955 were filed in the Court of the District Munsif, Kurnool for the recovery of rent. The Plaintiff and the Defendant in both the suits wore the same. The said suits were filed as original suits in the District Munsif's Court as at that time the Court of the Subordinate Judge, Kurnool did not have small cause jurisdiction. Subsequently, by a notification of the High Court of Andhra in Roc - No. 2823/55 -B -1 dated 7 -2 -1955 published at page 839 of Part II of the Andhra Gazette dated 22 -12 -1955, ' the Court of the Subordinate Judge, Kurnool was invested with small cause jurisdiction over the local limits of the District Munsif of Kurnool with effect from the date of the publication of the notification in the gazette and the pecuniary limit of that jurisdiction was fixed at Rs. 2,000/ -. The question is whether the District Munsif continues to have jurisdiction to dispose of the said suits as original suits or they should be transferred to the Subordinate Judge's Court to be decided by it in exercise of its small cause jurisdiction.

(3.) BEFORE adverting to the said two decisions, it may be convenient to read the relevant sections of the Provincial Small Cause Courts Act and the Madras Civil Courts Act (III of 1873).