KALU RAM OM PRAKASH MUNDRA Vs. SOHANI DEVI

JUDGEMENT

(1.) This revision petition is directed against the order dated 12/05/1992, passed by the Civil Judge, Sojat, by which the learned Civil Judge dismissed the petitioner's application by which an objection was raised regarding the competency of the Court to hear the appeal.

(2.) Plaintiff Sohan Lal filed a suit in the Court of the Munsif, Sojat, against M/s. Kalu Ram Om Prakash, for eviction and arrears of rent. During the pendency of the suit, Sohan died and, therefore, his legal representatives Smt. Sohini Devi and others were taken on record. The suit, filed by the plaintiff, was decreed by the learned Munsif. The defen-dant, aggrieved with the decree and judgement dated 28/10/1989, passed by the learned Munsif, decreeing the suit, preferred an appeal before the learned District Judge, Pali, on 12/12/1989. Summons of this appeal were issued to the plaintiff-respon-dent. The learned District Judge, by its order dated September 17/24, 1990 transferred the appeal for disposal to the Court of the Civil Judge, Sojat. The order dated September 17/24, 1990, passed by the learned District Judge, Pali, transferring the appeal to the Court of the Civil Judge, Sojat, was not challenged by the appellant before the High Court, but on 16/01/1992, when the appeal came up for hearing, an application was moved by the appellant that the Court of Civil Judge, Sojat, is not competent to hear the appeal and the order passed by the learned District Judge, transferring the appeal for disposal to the Court of the Civil Judge, Sojat, is wholly without jurisdiction. The learned Civil Judge, by its order dated 12/05/1992, dismissed the application filed by the petitioner and held that the Court is competent to hear the appeal. It is against this order that the petitioner has preferred this revision petition.

(3.) It is contended by the learned counsel for the petitioner that as per Section 21(4) of the Civil Courts' Ordinance, 1950, the Civil Judge can hear the appeal if he is authorised by the High Court, with the previous sanction of the State Government, by a Notification issued in the Official Gazette and as no Notification, as required under Section 21(4) of the Ordinance, has been issued in the present case, therefore, the Civil Judge is not competent to hear the appeal and the appeal can be heard only by the learned District Judge. Learned counsel for the non-peti-tioners, on the other hand, has supported the order passed by the Court below.