FIRM MANGILAL SHYAMRAJ Vs. SURTING

JUDGEMENT

(1.) THIS is a plaintiff's revision application against an order of the Judge, Small Causes, Sirohi, returning its plaint in a suit for recovery of a sum of Rs. 235/-, for presentation before the Nyaya Panchayat of competent jurisdiction.

(2.) THE plaintiff is a firm carrying on business at Sheoganj which is a municipality and the area of which is under the jurisdiction of Judge, Small Cause Court, Sirohi. THE case of the plaintiff is that the defendant borrowed a sum of Rs. 200/- from it and executed a Khata. THE present suit was instituted on 3. 4. 61 in the Court of Small Causes for recovery of Rs. 200/- principal and Rs. 35/- interest. THE defendant is a resident of village Bagsin which is within the jurisdiction of Palari Nyay Panchayat. THE learned Judge, Small Causes is of the opinion that the suit is cognizable by Palari Nyaya Panchayat within whose jurisdiction the defendant is residing by virtue of secs. 38, 39 and 41 of the Rajasthan Panchayat Act, 1953 which run as follows: - Sec. 38 Civil jurisdiction - Notwithstanding anything contained in the Code of Civil Procedure, 1908, and subject to the provisions of this Act, a Nyaya Panchayat shall have jurisdiction within the Nyaya circle for which it has been constituted, for the trial of such suits as are described in sec. 39. Sec. 39 Suits cognizable by Panchayats - (1) THE following suits shall be cognizable by a Nyaya Panchayat, namely: - (i) suits for ascertained sums not exceeding two hundred and fifty rupees; (ii) suits for damages not exceeding two hundred and fifty rupees for breach of contract not affecting immovable property; (iii) suits for compensation for wrongly taking or injuring movable property not exceeding two hundred and fifty rupees in value; (iv) suits for specific movable property or for the value thereof not exceeding two hundred and fifty rupees; Provided that no Nyaya Panchayat shall take cognizance of any suit - (a) by or against a minor or a person of unsound mind; (b) by or against the Chairman or any member of the same Nyaya Panchayat or the Sarpanch or any Panch of the Panchayat of a Panchayat Circle lying within (he same Nyaya Circle ; (c) in respect of any dispute or matter in which a suit or application may be brought or made before a Revenue Officer ; and (d) in respect of any matter directly and substantially in issue in a previously instituted suit between the same parties or those under whom they claim, which is pending in or has been heard and finally decided by a court of competent jurisdiction or by a Nyaya Panchayat. (2) With the approval of the High Court the State Government may, by notification in the Official Gazette, confer on any Nyaya Panchayat the jurisdiction to hear and dispose of suits of the nature specified in sub-section (1) of which the amount or value does not exceed five hundred rupees. S. 41. Place of institution - Every suit under this Act shall be instituted before the Nyaya Panchayat within whose jurisdiction the defendant or any defendant in the suit resides at the time of the institution of the suit. "