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1929 (7) TMI 6 - HC - Indian Laws

Issues: Jurisdiction of Munsif over land disputes, Interpretation of Section 13 of Civil Courts Act, Revision of Munsif's order

In this judgment, the primary issue revolves around the jurisdiction of the Munsif in a rent suit filed by the Maharaja of Dumraon. The defendant objected to the jurisdiction of the Munsif, arguing that suits affecting land in Barhara Thana should be filed in the Court of the Second Munsif at Arrah. The Munsif, however, held that the general order of the District Judge did not limit his territorial jurisdiction, allowing him to try the suit regardless of where the cause of action arose.

The applicant sought revision of this order, contending that the jurisdiction of a Munsif is indeed limited by the assignment of civil business under Section 13 of the Civil Courts Act. The applicant argued that the jurisdiction conferred by the Local Government's notification is the actual limit of a Munsif's jurisdiction. However, the court noted that for suits of a value less than a thousand rupees, every Munsif stationed at Arrah has concurrent jurisdiction over the whole Sadr Sub Division, as established in previous judgments.

The court emphasized that the jurisdiction of a Munsif is not limited to a specific local area but extends over the entire district to which they are appointed. In this case, the plaint was entertained by a Judicial Officer at Arrah, different from the usual officer. Despite this deviation, the Munsif of the Third Court at Arrah had jurisdiction over the Barhara Thana and the Sadr Sub-Division, allowing the suit to remain in his court.

Ultimately, the court found no grounds for revising the Munsif's order, dismissing the application with costs. The judgment clarifies the extent of a Munsif's jurisdiction, emphasizing concurrent jurisdiction over the entire district and the validity of the Munsif's decision to entertain the rent suit in question.

 

 

 

 

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