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TMI Blog2010 (1) TMI 1209X X X X Extracts X X X X X X X X Extracts X X X X ..... ons 15 to 20 of the Code nor the provisions of section 12 of the Civil Courts Act will apply to such suits. Section 92 is a self contained provision, and conferment of jurisdiction in regard to suits under that section does not depend upon the value of the subject matter of the suit. Therefore, insofar as the suits u/s 92 are concerned, the District Courts and Sub- ordinate Courts will have concurrent jurisdiction without reference to any pecuniary limits. We find that the learned District Judge had held that he had jurisdiction because the value of the subject matter was ₹ 10 lakhs, apparently keeping in view, section 12 of the Civil Courts Act. We make it clear that the pecuniary limits mentioned in section 12 of the Civil Courts Act, do not apply to suits u/s 92 of the Code. In fact, if section 12 of the Civil Courts Act is applied to decide the jurisdiction of courts with reference to suits u/s 92 of the Code, it will then lead to the following anomalous position: The District Court will have jurisdiction if the value of the subject matter exceeds ₹ 5 lakhs. The Sub-ordinate Court will have jurisdiction where the value of the subject matter exceeds ₹ 1 lakh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellants, challenging the said order of the District Court, was dismissed by the Madras High Court by the impugned order dated 25.4.2008. The said judgment is challenged in this appeal by special leave. The only question that arises for consideration in this appeal is whether a District Court in the State of Tamil Nadu, does not have jurisdiction to try a suit under section 92 of the Code. 4. Section 92 relates to public charities. It enables a suit being filed in the case of any alleged breach of any express or constructive Trust created for public purposes of a charitable or religious nature, `in the Principal Civil Court of original jurisdiction or in any other Court empowered in that behalf by the State Government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the Trust is situate'. 4.1) Section 2(4) of the Code extracted below, while defining the term `district', in effect defines the terms `district court' : 2(4). `district' means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a District Court ), and includes the local limits of the ordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lating to public Trusts till 8.3.1960, having regard to the provisions of section 92 of the Code; and that once the State Government issues a notification in exercise of power under section 92 empowering courts of the Sub- ordinate Judges to entertain suits under section 92, the District Court ceased to have jurisdiction to try suits under the said section. In support of their contention, they strongly relied upon the decision of a learned Single Judge in the case of P.S. Subramanian (supra) wherein it was held that the word or occurring between the words may institute a suit in the Principal Civil Court of original jurisdiction and in any other court empowered in that behalf by the State Government in section 92 of the Code, should have to be read as substitutive and not as disjunctive or alternative. 6. It is now well settled that a provision of a statute should have to be read as it is, in a natural manner, plain and straight, without adding, substituting or omitting any words. While doing so, the words used in the provision should be assigned and ascribed their natural, ordinary or popular meaning. Only when such plain and straight reading, or ascribing the natural and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... word or is used in the ordinary and normal sense, that is to denote an alternative, giving a choice. The provisions of section 92 do not give room for interpreting the word or as a substitutive, so as to lead to an interpretation that when the Government notified any other court, such notified court alone will have jurisdiction and not the District Court. If the intention was to substitute the Court empowered by the State Government in place of the Principal Civil Court of Original jurisdiction, instead of the words `may institute a suit in the Principal Civil Court of original jurisdiction or in any other court empowered in that behalf by the State Government', the following words would have been used in the section : `may institute a suit in the principal Civil Court of original jurisdiction, or when any other court is empowered in that behalf by the State Government, then in such court empowered by the state government,' OR `may institute a suit in the court notified by the state government.' 9. The provisions of section 12 of the Civil Courts Act specifying the pecuniary limits of District Courts and Sub-ordinate Courts, is subject to the provisions of the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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