GORDHAN Vs. AZIMKHAN

JUDGEMENT

(1.) THIS is a revision application by Gordhan, a decree-holder, against an order of the Additional Civil Judge No. 2, Jodhpur, holding that his Court is inferior to that of Judge, Small Causes, Jodhpur, within the meaning of Section 63 of the Cods of civil Procedure.

(2.) THE facts giving rise to this revision application are these : in execution of a decree, which the applicant had obtained against azimkhan, respondent No. 1, who is an employee in the Northern railway Workshop at Jodhpur, the learned Additional Civil Judge sent an order to the Works Manager under Order 21, Rule 48 of the Code of Civil Procedure attaching the monthly salary of Azimkhan to the extent of Rs. 15. 50 per month. That officer intimated to the Court that the salary of azimkhan to the extent of Rs. 14/- per month had already been attached under an order of the Judge, Small Causes, Jodhpur, and sent him a sum of Rs. 1. 50 only. Gordhan decree-holder thereupon filed an application on 14th April, 1962 before the learned Additional Civil Judge praying that the salary attached by the Court of Small Causes may be transferred to this Court under the provision of Section 63 (1) of the Code of Civil procedure so that It may be rateably distributed. This application was rejected by the (earned Additional Civil Judge on the ground that the court of Small Causes was not inferior in grade to his Court.

(3.) I have heard learned counsel for the parties and am satisfied that the decision is erroneous. For purposes of Section 63 of the Code of Civil Procedure, the grade of any Court depends upon the pecumary jurisdiction of that Court Under Section 19 (1) (i) of the Rajasthan Civil Courts Ordinance, 1950, the pecuniary jurisdiction of the Court of Additional Civil Judge "extends to Rs. 10,000/ -. The jurisdiction of the Court of Judge, Small Causes, Jodhpur, extends upto Rs. 500/- only. The Court of the Additional Civil Judge is, therefore, superior in grade to the Judge of Court of Small Causes, within the meaning of Section 63 of the Code of Civil Procedure. In this connection, the decision in Baluram v. Raghubar Dial, ILR 16 All 11 (FB)may be referred to.