SATYANARAYANA RAO, J. - (1.) AT the instance of Mack J., two questions have been referred to the F. B. : 1. Whether Section 15, Civil P. C., governs Chartered High Courts, and whether in view of it all suits below Rs. 10,000 in value should not be instituted direct in the City Civil Court ;
(2.) WHETHER the City Civil Court is competent to try or dispose of suits filed in the High Court below Rs. 10,000 in value which were instituted prior to the enhancement of its jurisdiction from Rs. 8000 to Rs. 10,000 ; if so, can such transfers be legally made either under Section 16, proviso (2), Madras City Civil Court Act or under Section 24(1), Civil P. C.' This reference was occasioned as Mack J. was of opinion that an earlier decision of Panchapagesa Sastri J. in Mohamed Yusuf v. Khadir Badsha Sahib : (1949)1MLJ503 which held that the H. C. had no power under Section 16 (proviso ?) (2), Madras City Civil Court Act (VII [7] of 1892) to transfer to the City Civil Ct. suits instituted in the H. C. on its original side before the date of the Notfn. G. O. No. M. S. 4175 Home dated 11 -11 -1948 required reconsideration. In order to better appreciate the scope of the questions raised in the reference and the contentions urged before us, it is necessary to set out briefly the rele -vant provisions that have a bearing on the questions. 2. The original jurisdiction of the H. C. is derived under clause 12 of the Letters Patent which empowered the H. C. of Judicature at Madras in the exercise of its Ordinary Original Civil Jurisdiction to 'receive, try and determine suits of every description, if, in the case of suits for land or other immovable property, such land or property shall be situated, or in all other cases if the cause of action shall have arisen, either wholly, or, in case the leave of the Court shall have been first obtained, in part, within the local limits of the ordinary original jurisdiction of the said High Court, or if the defendant at the time of the commencement of the suit shall dwell, or carry on business, or personally work for gain within such limits ; except that the said High Court shall not have such original jurisdiction in cases falling within the jurisdiction of the Small Cause Court at Madras, in which the debt or damage, or value of the property sued for, does not exceed one hundred rupees.' The H. C., therefore, has practically unlimited original jurisdiction except that if the debt or damage or the value of the property does not exceed Rs. 100 and the case is one which falls within the jurisdiction of the Small Cause Court at Madras, the H. C. in its original jurisdiction cannot try such a suit. In 1882, the Presidency Small Cause Courts Act, 1882 (iv [4] of 1882) was passed to consolidate and amend the law relating to the Courts of Small Causes established in the towns of Calcutta, Madras and Bombay. In each of the Presidency towns a Court of Small Causes was established by that Act subject to the superintendence of the H. C. The local limits of the jurisdiction of the Small Cause Court is co -extensive with the ordinary original civil jurisdiction of the H. C. A Small Cause Court was empowered to try all suits of a civil nature subject to the exceptions contained in Section 19 of the Act if the amount or value of the subject -matter did not exceed Rs. 2000 and further subject to the conditions regarding the cause of action and the residence of the defts. contained in Clauses (a) to (c) of Section 18, Section 21 of the Act, however, gave an option to a pltf. when the amount or value of the subject -matter of the suit exceeded Rs. 1000 to institute the suit either in the H. C. on its original side or in the Small Cause Court. In 1892 the Madras City Civil Court Act (VII [7] of 1892) was passed by the Legislature which empowered the Local Govt. by notification in the Official Gazette to establish a Court, to be called the Madras City Civil Court, with jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature not exceeding Rs. 2500 in value and arising within the City of Madras, except suits or proceedings which are cognizable (a) by the H. C. as a Court of Admiraltyor Vice. Admiralty or as a Colonial Court of Admiralty, or aa a Court having testamentary, intestate or matrimonial jurisdiction, or (b) by the Ct. for the relief of insolvent debtors, or (c) by the Small Cause Ct. In 1935 the Act was amended by introducing a new section, Section 3 -A. It states : 'Subject to the exceptions specified in Section 3, if the Provincial Government may, by notification in the Official Gazette, invest the City Court with jurisdiction to receive, try & dispose of all suits and other proceedings of a civil nature arising within the City of Madras & of such value not exceeding ten thousand rupees as may be specified in the notification.' Appeals against the decisions of the City Civil Ct. lie to the H. C. & the right of appeal was conferred by Section 15 of the Act. Sub -clause (2) of that section provides that the period of limitation for an appeal from a decree or order of the City Ct. shall be the same as that provided by law for an appeal from a decree or order of the H. C. in the exercise of its original jurisdiction. The nest section, Section 16, saves the original civil jurisdiction of the H. C. & also confers a power of transfer on the H. C. of suits pending before it. As the construction of this section is ono of the important points in this case, it is necessary to set it out in extenso : '16. Nothing in this Act contained shall affect the original civil jurisdiction of the High Court : Provided that 1. If any suit or other proceeding ia instituted in the High Court which, in the opinion of the Judge who tries the same (whose opinion shall be final, ought to have been instituted in the City Court, no costs shall be allowed to successful plaintiff and a successful defendant shall be allowed his costs as between attorney and client; 2. In any suit or other proceeding pending at any time in the High Court any Judge of such Court may at any stage thereof make an order transferring the same to the City Court it in his opinion such suit or proceeding is within the jurisdiction of that Court and should be tried therein; 3. In any suit or other proceeding so transferred, the Court -fees Act, 1870, shall apply, credit being given for any fees levied in the High Court.'
(3.) THE Code of Civil Procedure and the Civil Rules of Practice apply to proceedings before the City Civil Ct. By virtue of Section 117, C. P. C. the provisions of the Code except as provided in Part IX or in Part X or in the rules apply to H. C. Section 120 of the Code excludes the application of Sections 16, 17 and 20 and of the Code to H. Ct. as Clause 12 of the Letters Patent provides also rules for determing the place of suing. Under Order 49 some of the rules of the various orders including Rule 10 of Order 7 are excluded and are inapplicable to Chartered H. Cts. in the exercise of ordinary and extraordinary original civil jurisdiction.;