Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2015 Uttar Pradesh Civil Laws (Amendment) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Jurisdiction:Jurisdiction of Additional District Judge (as Small CausesCourt) – To decide the cases pending before it – After amendmentby Uttar Pradesh Civil Laws (Amendment) Act, 2015 – Suit seekingdecree of eviction, rent and damages – Filed before Small CausesCourt [Civil Judge (Senior Division)] – Suit transferred to AdditionalDistrict Judge on the ground that value of the suit property beingRs.27,775/- was more than the pecuniary jurisdiction of the SmallCauses Court i.e. Rs.25,000/- – During pendency of the suit beforeAdditional District Judge, by Amendment Act, pecuniary jurisdictionof the Small Causes Court was raised from Rs.25,000 to Rs. Onelakh – Defendants did not raise any objection as to maintainabilityof the suit before Addl. District Judge due to lack of jurisdiction inview of the Amendment Act – Suit was decided on merit and wasdecreed – Defendants filed Revision – High Court allowed theRevision holding that order passed by Addl. District Judge waswithout jurisdiction – On appeal, held:In view of s. 15 of CPC readwith provisions of Provincial Small Cause Courts Act, 1887 andBengal, Agra Assam Civil Courts Act, 1887, legislative scheme isclear that small cause cases upto value of Rs. 1 lakh should betaken cognizance by Small Cause Courts presided by Civil Judgeand cases having value of more than Rs. 1 lakh by Disrtrict Judge/Addl. District Judge having power of Small Cause Court – Section15(2) of Provincial Small Cause Courts Act provides that suit shallbe cognizable by Court of Small Causes – The word cognizabletakes into its fold institution, hearing and decision of a casecognizable by it – The statement of objects and reasons explainsthe reason for increase of pecuniary jurisdiction, but use of words“for institution” therein cannot control the express language of the statutory provisions – Thus, Addl. District Judge did not havejurisdiction to try the present case – However, in view of the provisionu/s. 21 of CPC and in view of the fact that no objection was takenby defendant to the jurisdiction of Addl. District Judge before thatCourt, he is precluded from raising such objection in Revision –Therefore, even though Addl. District Judge was not competent todecide the suit, no interference was called for in its judgment inexercise of Revisional jurisdiction by High Court – Code of CivilProcedure, 1908 – ss. 15 and 21 – Provisional Small Cause CourtsAct, 1887 – Bengal, Agra, Assam Civil Courts Act, 1887 – UttarPradesh Civil Laws (Amendment) Act, 2015.Interpretation of Statutes:Rules of interpretation – Held: Legislative provisions have tobe interpreted in a manner, which may advance the object andpurpose of the Act.Statement of objects and reasons – As an aid to interpret thestatute – Held: Statement of objects and reasons of the statute canbe looked into only as extrinsic aid to find out the legislative intentonly when the meaning of statute by its ordinary language is obscureand ambiguous – Words in statements of objects and reasons, cannotcontrol the express language of the statutory provisions.Judicial Propriety:Conflicting views by Single Judge Benches of High Court –Propriety – Held: Instead of giving conflicting view, it is better toachieve certainty by an authoritative opinion by High Court. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 970 |
Petitioner | Om Prakash Agarwal Since Deceased Thr. Lrs. And Ors. |
Respondent | Vishan Dayal Rajpoot And Anr. |
SCR | [2018] 13 S.C.R. 47 |
Judgement Date | 2018-10-12 |
Case Number | 9051 |
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