AROBINDA MAITY Vs. SHRIMATI KRISHNA BASAK

JUDGEMENT

(1.) THE petitioner has filed an affidavit of service in compliance with the order dated July 26, 2013. It is stated in Paragraph 3 of the affidavit -of -service that the postal article was properly addressed, prepaid and sent to the opposite party under registered post with acknowledgment due on 11th October, 2012, but no acknowledgment has yet been received back. In such situation, I draw a presumption as per the provisions of Order 5, Rule 9, proviso to Sub -rule 5 that the addressee is properly served. This revisional application arises out of Order No.30 dated February 16, 2012 passed by the learned Civil Judge (Senior Division), First Court at Midnapore, District - Paschim Medinipur, in Money Suit No.63 of 2008.

(2.) THE defendant/petitioner has challenged the impugned Order by filing an application in the Court below stating, inter alia, that the suit being valued at Rs.45,000/ - (Rupees forty five thousand) only, ought to have been filed before the learned Civil Judge (Junior Division) taking into consideration of the provisions of Section 15 of the Code of Civil Procedure which speaks as follows:

(3.) IT is submitted by the learned Advocate that plaintiff has not filed objection to the said application filed by the defendant in the Court below pointing out that according to the aforesaid provisions and the valuation shown by the plaintiff, the suit was not maintainable before the learned Judge (Senior Division). I have gone through the Order impugned and materials on record. The learned Judge has held that on a careful perusal of the provisions of Sub -Section (1) of Section 19, he is satisfied that notwithstanding the provisions of Section 15 of the Code of Civil Procedure, a Civil Judge (Senior Division) can entertain the suit of the given suit value. The learned Judge has also pointed out that inasmuch as there was nothing to show on record from any notification that any Civil Judge (Junior Division) has been assigned with the special power as envisaged under Sub -Section (2) of Section 19 of the Bengal, Agra and Assam Civil Courts Act, 1887, it cannot be contended that suit of the given valuation is to be heard by the Civil Judge (Junior Division).