HARJINDER KAUR Vs. GIAN CHAND

JUDGEMENT

(1.) Civil Reference No. 1 of 1977 made by the Subordinate Judge First Class, Amritsar, under the provisions of Order 46 rule 6, Civil Procedure Code, in the first instance came up for decision before Surinder Singh, J., who by his order dated 20.1.1978, referred the same to be decided by a larger Bench in view of the disagreement with the Single Bench decision of this Court Karam Singh v. Bhola Singh,1967 PunLR 55

(2.) The only question that falls for determination in this case is as to whether it is the Judge, Small Cause Court, or a Civil Judge who is competent to decide the present money suit. The amount involved is only Rs. 1,053/-. Suit of such an amount is admitted triable only by a Judge of the Provincial Small Cause Courts Act, 1887 , hereinafter referred to as the Act. The difficulty, however, arose for the reason that the cause of action arose at village Majitha which, according to the plaintiff, did not fall within the jurisdictional limits of the Small Cause Court, Amritsar.

(3.) The question of jurisdiction of the one or the other Court is dependent upon the answer to the question as to whether or not village Majitha falls within the territorial limits of the Small Cause Court, Amritsar.