BODH NARAIN PRASAD Vs. DEO NARAIN SINGH

JUDGEMENT

(1.) This application arises out of a proceeding under Section 145 of the Code of Criminal Procedure, and the point raised is whether the com-potency of a Civil Court, as provided in Section 146 of the Code of Criminal Procedure consists in its territorial jurisdiction alone or also in its pecuniary jurisdiction.

(2.) The facts, as stated in the order under revision, show that the value of the property in dispute was perhaps more than Rs. 4,000/- and the reference, as provided under Section 146 of the Code of Criminal Procedure, had been made by the Magistrate, before whom the proceeding under Section 145 of the Code of Criminal Procedure was originally pending, to a munsif whose pecuniary jurisdiction., admittedly extended only up to Rs. 1000/- in those circumstances a preliminary objection was raised in the Court of the Munsif that as the value of the property involved in the reference was more than Rs. 1,000/- that court had no jurisdiction to hear the reference. The Munsif, however, on hearing the parties came to the view that "the word 'competent' means the competent court of territorial jurisdiction and Section 6 of the C. P. C. will apply to suits and not to a proceeding" and accordingly held that the objection was not tenable in law. And it is against this order that the present rule has been issued.

(3.) Before however, I enter into the discussion of the question raised, I think it is necessary to set out the relevant provisions of the Code of Criminal Procedure bearing on the subject. Clause (6) of Section 145 of the Code of Criminal Procedure provides :.