VINOD KUMAR JAJODIA Vs. BRIJ BHUSHAN AGARWAL

JUDGEMENT

(1.) THE question for decision in this revision is whether a civil suit of the value of more than Rs. 20,000/- can be directly instituted in the Court of Additional Judge to the Court of District Judge?

(2.) SECTION 6 of the Madhya Pradesh Civil Courts Act, 1958 (called hereinafter as the Act) (Act. No. 19 of 1958) prescribes the limit of original jurisdiction of Civil Courts. According to it, Court of Civil Judge (Class II) can entertain, hear and determine any suit or original proceeding of a value not exceeding Rs. 10,000/-, Civil Class I not exceeding Rs. 20,000/- and the Court of District Judge and the Court of Additional District Judge shall have jurisdiction to hear and determine any suit or original proceeding without restriction as regards value. According to Section 7, the Court of the District Judge shall be the Principal Civil Court of original jurisdiction in the Civil district. Sub-Section (2) of Section 7 which has been substituted by M. P. Act No. 7 of 1980 with retrospective effect, is as follows:-

(3.) WITH formation of the Higher Judicial Service in the State of Madhya Pradesh, persons belonging to this class of service are appointed either District Judges or Additional Judges to the Court of District Judges. According to Sub-section (2) of Section 7 of the Act, they are competent to discharge any of the functions of a District Judge including the functions of Principal Civil Court of original jurisdiction which the District Judge may by general or special order, assign to them and in the discharge of such functions they shall exercise the same powers as the District Judge. The provisions of Sub-section (2) of Section 7, when read with Section 8, and particularly the clause ". . . such Additional Judge shall exercise the jurisdiction of the Court to which he is appointed and the powers of the Judge thereof," as appearing in Section 8, make it clear that when a person is appointed an Additional Judge to the Court of District Judge, he exercises the jurisdiction of that Court, namely, the Court of District Judge, and is also entitled to exercise the same powers, subject of course, to any general or special orders of the authority by which he is appointed as to the class or the value of the suit which he may try, hear or determine. Thus, an Additional Judge to the Court of District Judge appointed in any district has the same powers as the District Judge has, and is entitled to exercise jurisdiction of the Court of District Judge. He also is entitled to exercise functions of Principal Civil Court jurisdiction like the District Judge himself. That being the present position after the substitution of Sub-section (2) of Section 7 and Section 8 of the Madhya Pradesh Civil Courts Act, 1958 by M. P. Act No. 7 of 1980, there is no substance in the argument that a suit of the value of more than Rs. 20,000/cannot be originally instituted in the Court of Additional Judge to the Court of District Judge.