GOPILAL Vs. HIRA CHAND

JUDGEMENT

(1.) THIS is a revision by Gopilal and Shri Omkareshwar Mining Works Mauzamabad defendants, against the order of the Civil Judge, Jaipur District, holding that he had jurisdiction to hear suit filed by Hirachand and Motichand, plaintiffs opposite parties,

(2.) THE circumstances in which this revision has arisen are these. THE plaintiffs filed a suit for Rs. 8,457/14- against the defendants applicants in the Court of Civil Judge, Jaipur District. THE cause of action arose to them in village Mauzmabad. Accorrding to Notification No. F-1 (44) Jud/50 dated 2nd June, 1950, published in the Rajasthan Gazette, Extraordinary Part I,, Vol. 2, No. 26, dated 14th June, 1950 the Civil Judge, Jaipur District, had jurisdiction over Tehsil Phagi. This Notification was issued under sec 7 of the Rajasthan Civil Courts Ordinance (No. VII of 1950 ). THEre is a note to the end of his Notification, which says that the expressions district, sub-division and "tehsil" in this Notification refer respectively to the districts, sub-divisions and Tehsils formed under the Rajasthan Territorial Divisions Ordinance, 1949. Tehsil Phagi, as it existed at that time, included village Mauzmabad, where the cause of action arose, Consequently, plaintiffs brought their suit in the Court of Civil Judge, Jaipur District. THE defendants, when they appeared, took a preliminary objection to the jurisdiction of the Court, and said that as Mauzmabad was no longer in Tehsil Phagi on the date of suit the Court of Civil Judge, Jaipur District, had no jurisdiction to try the suit. This objection was based on a notification issued under the Rajasthan Territorial Divisions Ordinance (No. XX of 1949), No. F. 25 (15) Rev. 1/54, dated 23rd November, 1954, Published in the Rajasthan Gazette, Part I-B, dated 4th December, 1954, page 571, According to this Notification, a new Tehsil, named Dudu, was created consisting of 126 villages. Village Mauzmabad was taken out of Phagi Tehsil. and put in this new Tehsil It was also said on behalf of the applicants that this new Tehsil was made part of Phulera Sub-Division (now known as Sambhar Sub-Division), though no such notification has been shown to us. It has, however, been assumed by the court below that Dudu Tehsil is part of Sambhar Sub-Division, and are argument on behalf of the applicants is that as Dudu Tehsil is part of Sambhar Sub-Division, this suit should have been filed before the Civil Judge, Sambhar. THE court below has, however, come to the conclusion that as the jurisdiction of Civil Judge, Jaipur District, as specified in notification No. F-l (44) Jud. 1/50 of 2nd June, 1950, has not been changed, he has jurisdiction to entertain this suit.