Dharamdas Santidas Vs. Vaman Govind - Court Judgment |
| Civil |
| Mumbai |
| Dec-23-1884 |
| Charles Sargent, C.J. and ;Kemball, J. |
| (1885)ILR9Bom237 |
| Dharamdas Santidas |
| Vaman Govind |
jurisdiction - decree--execution--transfer of decree for execution--subordinate judge with small cause powers--act xi of 1865, section 20--civil procedure code (xiv of 1882), section 223--act xiv of 1869, section 28. - charles sargent, c.j.1. according to bhagvan dayalji v. balu i.l.r. 8 bom. 230 a subordinate judge invested with small cause court powers, has generally to follow the procedure prescribed in the code of civil procedure. this governs his proceedings both in trial and execution, whether the suit is a small cause or not. if the two jurisdictions assigned to the subordinate judge's court and to the subordinate judge personally are locally co-extensive (which sometimes they are not), there is no distinction of sides or branches. but where, as in some cases, the ordinary jurisdiction is wider locally than the small cause jurisdiction, the court is in that part of its territory which lies outside the small cause court jurisdiction, to be regarded as a separate court so far that a decree in a small cause should not generally be executed on property beyond the small cause court jurisdiction without a transfer, i.e., a dealing with the execution as in a suit tried in the usual way, for reasons to be recorded in writing. as all is done by the same judge, a suggestion and an order recorded in the case are sufficient without a formal, transmission as to a distant court.
Charles Sargent, C.J.
1. According to Bhagvan Dayalji v. Balu I.L.R. 8 Bom. 230 a Subordinate Judge invested with Small Cause Court powers, has generally to follow the procedure prescribed in the Code of Civil Procedure. This governs his proceedings both in trial and execution, whether the suit is a small cause or not. If the two jurisdictions assigned to the Subordinate Judge's Court and to the Subordinate Judge personally are locally co-extensive (which sometimes they are not), there is no distinction of sides or branches. But where, as in some cases, the ordinary jurisdiction is wider locally than the Small Cause jurisdiction, the Court is in that part of its territory which lies outside the Small Cause Court jurisdiction, to be regarded as a separate Court so far that a decree in a small cause should not generally be executed on property beyond the Small Cause Court jurisdiction without a transfer, i.e., a dealing with the execution as in a suit tried in the usual way, for reasons to be recorded in writing. As all is done by the same Judge, a suggestion and an order recorded in the case are sufficient without a formal, transmission as to a distant Court.