Case: OM PRAKASH AGARWAL SINCE DECEASED THR LRS Vs. VISHAN DAYAL RAJPOOT

2. The facts necessary to be noticed for deciding these appealsappellant, the landlord of premises in question filed Judge Small Causes Suit No. 1 of 2008 in the Court of Civil Judge (Senior Division), Small Cause Court, Firozabad praying for decree of eviction, rent and damages. By order dated 05.04.2010 passed by District Judge, the suit was transferred to the Court of District Judge, Firozabad and was registered as S.C.C. Suit No. 1 of 2010. The pecuniary jurisdiction of a Judge, Small Cause Court, which at the time of filing of the suit was Rs.25,000/- was raised from Rs.25,000/- to Rs. 1 lakh w.e.f. 07.12.2005 vide Uttar Pradesh Civil Laws (Amendment) Act, 2015. The Additional District Judge to whom the suit was transferred earlier on the ground that pecuniary jurisdiction of the suit is more than Rs.25,000/- i.e. Rs.27,775/-, proceeded to decide the suit vide its judgment and order dated 22.10.2016 and the suit for eviction, rent and compensation was decreed.Aggrieved against the judgment of Addl. District Judge, revision under Section 25 of the Provincial Small Cause Courts Act, 1887 was filed by the tenant (respondents to this appeal). One of the grounds taken in the revision was that after enactment of Uttar Pradesh Civil Laws (Amendment) Act, 2015, the Court of Additional District Judge ceased to have any jurisdiction to try the suit between lessor and lessee of a value upto Rs. 1 lakh. The assumption subsequent thereto of the jurisdiction by the Additional District Judge is withoutother grounds were also taken for challenging the judgment dated 22.10.2016. The High Court vide its impugned judgment dated 07.12.2016 allowed the Small Cause Court revision taking a view that order passed by Additional District Judge was without jurisdiction in view of Uttar Pradesh Civil Laws (Amendment) Act, 2015 w.e.f. 07.12.2015, after which date, such case of valuation of Rs.27,775/- could have been decided by Civil Judge (Senior Division) working as Judge Small Causes Court. The High Court relied on the earlier judgment of High Court in SCC Revision No. 278 of 2016 – Shobhit Nigam Vs. Smt. Batulan and another decided on 29.08.2016. The High Court remanded back the Revision for a fresh decision by Small Causes Court presided over by a Civil Judge (Senior Division). The landlord aggrieved by said judgment has come up in this appeal.

Reasoning: 31. It is true that District Judge or Additional District Judge functioning as Small Causes Courts can take cognizance of all suits irrespective of their value. But use of the words ?irrespective of their value? was in contradiction of the pecuniary value, which was given to Judge of Small Causes Courts presided by Civil Judge. The fact that District Judge or Additional District Judge can take cognizance of all suits irrespective of their value shall not whittle down or dilute the line of separation between two courts in taking cognizance of small cause cases. The mere fact that District Judge or Additional District Judge can take cognizance of suits of unlimited value will not empower them to take cognizance of cases, which, according to statutory Scheme can be taken only by small causes courts presided by Civil Judge. It is relevant to notice that the Allahabad High Court had occasion to consider the provisions of the Provincial Small Cause Courts Act, 1887 as applicable in the State of Uttar Pradesh. A reference is made to M.P. Mishra Vs. Sangam Lal Agarwal, AIR 1975 Allahabad 425. In the above case before the Allahabad High Court, a small cause suit was decided by the Additional District Judge, which had valuation of more than five thousand rupees. Arguments were raised that valuation of small cause case is more than five thousand rupees, hence Additional District Judge could not have decided the case as small cause case rather it ought to have been decided as a normal civil suit. In the above context, provision of U.P. Act No. 37 of 1972 and U.P. Act No. 19 of 1973 by which Section 25 of Bengal, Agra and Assam Civil Courts Act, 1887 was amended by adding another sub-section, i.e. sub-section(4), and the notifications issued by the High Court in above respect were noticed.The purpose of Section 15 is obvious that even though more than one court has jurisdiction to try the suit, it should be instituted in the Court of lowest grade. For example, a small cause case can be instituted in Court of Small Cause presided by Civil Judge having valuation of upto Rs. 1 lakh as on date and small cause suit having valuation of more than Rs. 1 lakh can be instituted in the Court of District Judge or Additional District Judge. As per Section 15 of the Code of Civil Procedure, suit of less than Rs. 1 lakh valuation has to be instituted in Small Causes Court presided by Civil Judge. Although, District Judge or Additional District Judge has unlimited pecuniary jurisdiction but under the legislative Scheme, the suit is not to be taken cognizance by the District Judge or Additional District Judge, which has valuation upto Rs. 1 lakh. Even though if Section 15 of the C.P.C. is a provision, which regulate the institution of suits and does not affect the jurisdiction of Courts, reading the provision ofalongwith relevant provisions of the Provincial Small Cause Courts Act, 1887 and the Bengal, Agra, Assam Civil Courts Act, 1887, the legislative Scheme is clear that small cause cases should be taken cognizance by Small Cause Courts presided by Civil Judge upto the valuation of Rs. 1 lakh and cases having valuation of more than Rs. 1 lakh by District Judge or Additional District Judge, who have been invested with the power of Small Cause Courts. Unless the above legislative intent and Scheme is followed, there shall be confusion and inconsistency. The legislative provisions have to be interpreted in a manner, which may advance the object and purpose of the Act. When clear dichotomy regarding taking cognizance of small causes suits presided by Civil Judge and by District Judge or Additional District Judge have been provided for, the said dichotomy and separation to take cognizance of cases has to be followed to further the object and purpose of legislation.common parlance, it means taking notice of. A court, therefore, is precluded from entertaining a complaint or taking notice of it or exercising jurisdiction if it is in respect of a public servant who is accused of an offence alleged to have been committed during discharge of his official duty.It is true that statement of objects noticed that value of subject matters brought to the courts has increased substantially, hence, pecuniary jurisdiction of the Civil Courts as well those of Small Causes Courts in State of Uttar Pradesh requires to be raised for the institution of civil suits and appeals. The amendment has raised pecuniary limits in Provincial Small Cause Courts Act, 1887. The statement of objects and reasons explains the reason for increase of pecuniary jurisdiction but use of word ‘for institution? in statement of object cannot control the express language of the statutory provisions.48. We further observe that learned Single Judge in Pankaj Hotels case having noticed an earlier view of learned Single Judge in Shobhit Nigam?s case, and he being of the opinion that judgment does not lay down the correct law, appropriate course open for Single Judge was to refer the matter for consideration by a larger bench. The judgments of the High Court are relied on and followed by all sub-ordinate courts in the State. It is always better to achieve certainty by an authoritative opinion by the High Court instead of giving conflicting views by different learned Single Judges which may confuse the litigants, lawyers and sub-ordinate courts in applying the law.Now, reverting back to facts of this case it is apparent from the judgment dated 22.10.2016 of Additional District Judge, that no objection to the competence of Additional District Judge to decide the case was taken by any of the parties. No objection having been taken to the pecuniary jurisdiction of the Additional District Judge, Section 21 of the Civil Procedure Code comes into play. Sub-section (2) of Section 21 provides that no objection as to the competence of the Court with reference to the pecuniary limits of the jurisdiction shall be allowed by any Appellate or Revisional Court unless conditions mentioned therein are fulfilled. No objection having been raised by respondent tenant regarding competence of the Court. Sub-section (2) precludes the revisionist to raise any objection regarding competence of the court and further revisional court ought not to have allowed such objection regarding competence of Court of Additional District Judge to decide the suit. The respondent tenant did not raise any objection regarding competence of the Court and took a chance to obtain judgments in his favour on merits, he cannot be allowed to turn-round and contend that the court of Additional District Judge had no jurisdiction to try the Small Cause Suit and the judgment is without jurisdiction and nullity. Section 21 has been enacted to thwart any such objection by unsuccessful party who did not raise any objection regarding competence of court and allowed the matter to be heard on merits. Further, in deciding the small cause suit by Additional District Judge, the tenant has not proved that there has been a consequent failure of justice.59. We are of the view that the above view of the learned Single Judge is neither in consonance with the judgment of this Court in Kiran Singh?s case nor with R.S.D.V. Finance Company Private Limited (supra) which has been noted and referred to by learned Single Judge. Section 21 is statutory recognition of the legislative policy which cannot be ignored or given a go-by by the litigants who challenges an unfavourable decision.