MAHABIR PERSHAD BAJRANLAL Vs. AHMED HUSSAIN
HIGH COURT OF ANDHRA PRADESH
Mahabir Pershad Bajranlal
Click here to view full judgement.
ANANTANARAYANA AYYAR,J. -
(1.) A firm called Mahabir Pershad Bajran Lal, through its two partners, filed S.C.S. No. 473/2/1959 in the court of the chief Judge, Small Causes at Hyderabad claiming that a certain sum was due to them from the sole defendant, Ahmed Hussain. The defendant appeared in Court and contended that he was an agriculturist and that, therefore, the suit had to be transferred under Section 19 of the Hyderabad Agricultural Debtor's Relief Act (Hyderabad Act XVI of 1956) to Shorapur in Mysore State which was his place of residence. Even in the plaint the residence of the defendant is shown as Shorapur. The learned Chief Judge accepted this contention and passed an order dated 15-6-1960 transferring the suit to the Court of the district Munsiff at Shorapur in Gulbarga District. The plaintiff-firm felt aggrieved with that order and filed this petition to revise it.
(2.) The sole contention raised before me by the learned Advocate for the petitioner, Shri C. Narsimhacharya, is that the transfer order under Section 19(1) is not tenable. Section 19(1) runs as follows:-
"19(1). All suits, appeals, applications for execution and proceedings in respect of any debt pending in any civil or revenue Court shall, if they involve the questions whether the person from whom such debt is due is a debtor and whether the total amount of debts due from him exceed Rs. 15,000/- be transferred to the court."
(3.) The word 'Court' has been defined in Section 2(4) of the Act as follows:-
"Section 2(4) 'Court' means the Court of the Munsiff, Subordinate Judge or a Judge of the City Civil Court having ordinary jurisdiction in the area in which the debtor ordinarily resides, according as the local amount of the debts due from the debtor at the date of the application as specified therein does exceed the pecuniary jurisdiction of the Munsiff, Subordinate Judge, or as the case may be, the Judge of the City Civil Court and includes any Court to which an application may be referred for disposal under section 14:";
Copyright © Regent Computronics Pvt.Ltd.