SUKHBIR Vs. PURNA NAND VERMA

JUDGEMENT

(1.) THIS revision petition filed by the defendant challenges the jurisdiction of the District Judge, Chandigarh, to entertain an appeal preferred on behalf of the plaintiff respondent.

(2.) THE respondent has filed a suit in the Court of Subordinate Judge 1st Class, Chandigarh, for recovery of an alleged balance price of Rs. 500/- in respect of a camera sold to the petitioner. It was claimed by him that he had sold the camera for Rs. 1500/- and the balance of Rs. 500/- still remained unpaid. The suit was dismissed and the plaintiff went up in appeal to the District Judge. A preliminary objection was raised that the suit being of the nature of a small cause, an appeal arising therefrom could be heard only by the Senior Subordinate Judge and not by the District Judge in view of the notification No. 306 Gaz. I/ XXI C.-6, dated the 11th October, 1967. The District Judge overruled the objection holding that it was only if a Small Cause Court were established under the Small Cause Courts Act that an appeal would lie to a Senior Subordinate Judge and not when the suit was of a small cause nature. The view taken by the District Judge was that the suit though triable by a Court of Small Causes was actually tried by a Subordinate Judge in the exercise of his ordinary powers to try such suits and the appeal, therefore, lay with him and not with the Senior Subordinate Judge.

(3.) THE relevant extract from the notification referred to above is in the following terms:" no. 306 Gaz. I/xxi. C-6-Powers. In exercise of the powers conferred by sub-section (3) of S. 39 of the Punjab Courts Act, 1918, as amended up to date and in supersession of the High Court of Judicature at Lahore Notification No. 170-Gaz/xxic. 6. , dated the 16th May, 1935, and Notification No. 53-Gaz/xxi. C. 6, dated 23rd February, 1940 the Hon'ble Court of Punjab and Haryana, at Chandigarh, are pleased to direct that within the limits of each of the Civil Districts set forth in the Schedule appended hereto, appeals lying to the District Court from decrees or orders passed by any Subordinate Judge. (a) in a small cause of a value not exceeding Rs. 500/- (five hundred), and (b) in an unclassed suit of a value not exceeding Rs. 100/- (one hundred), shall be preferred to the Senior Subordinate Judge of the First Class exercising jurisdiction within such Civil District. 2. It is further directed that the Court of such Senior Subordinate Judge of the First Class shall be deemed to be a District Court for the purpose of all such appeals preferred to it. SCHEDULE Serial District (Punjab) No. x x x x x x Serial District (Haryana) No. x x x x x x 20. Chandigarh (Union Territory of Chandigarh)