Rajan Roy, J. - (1.) In this SCC revision, under Section 25 of the U.P. Provincial Small Causes Courts Act, 1887 (herein after referred as Act, 1887), an application for substitution has been filed by the revisionist to which an objection has been raised by Shri Rajeev Kumar Tripathi, learned counsel for the opposite party that it is beyond the period of limitation prescribed under Article 121 of the Limitation Act, 1963. On being confronted learned counsel for the revisionist submitted that Article 121 of the Act, 1963 does not apply to the case at hand as it is a revision and in view of the full bench decision of this Court reported in, Chandradev Pandey and others Vs. Sukhdev Rai and others, 1972 AIR(All) 504, Article 137 of the Act, 1963 is applicable, according to which, the period of limitation is 3 years, therefore, the application for substitution, considering the date of death, is within the prescribed period of limitation.
(2.) The Provincial Small Causes Courts Act, 1887 is a pre-constitution Act which continues to be in force. The revision at hand has been filed under Section 25 of the said Act, 1887. Section 17 of the Act deals with application of the Code of Civil Procedure to the Court of small causes and in all proceedings arising out of the suits before it, which would include a revision under Section 25. According to Sub-section 1 of Section 17, the procedure prescribed in the Code of Civil Procedure, 1908 shall save in so far as is otherwise provided by that Code or by this Act be the procedure followed in a Court of small causes in all suits cognizible by it and in all proceedings arising out of such suits. The proviso to the said Sub-section is not relevant. A Reference may be made in this regard to Section 7 of the Code of Civil Procedure, 1908 which reads as under:- "7. Provincial Small Cause Courts.- The following provisions shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887). [or under the Berar small Cause Courts Law, 1905], or to Courts exercising the jurisdiction of a Court of Small Causes [under the said Act or Law], [or to Courts in [any part of India to which the said Act does not extend] exercising a corresponding jurisdiction] that is to say, - (a) so much of the body of the Code as relates to- (i) suits excepted from the cognizance of a Court of Small Causes; (ii) the execution of decrees in such suits; (iii) the execution of decrees against immovable property; and (b) the following sections, that is to say,- Section 9, Sections 91 and 92, Sections 94 and 95 [so far as they authorise or relate to- (i) orders for the attachment of immovable property, (ii) injunctions, (iii) the appointment of a receiver of immovable property, or (iv) the interlocutory orders referred to in clause (e) of Section 94], and Sections 96 to 112 and 115."
(3.) Thus Section 7 prescribes the provisions of CPC which do not extend to the Courts constituted under the Act, 1887. The said provision does not mention Order XXII CPC which relates to substitution of legal representatives in the case of death of plaintiff, defendant etc. Now reference may be made to Order 50 CPC which reads as under in its application in the State of U.P.:- "1. Provincial Small Cause Courts.- The provisions hereinafter specified shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887 )9 of 1887), [or under the Berar Small Cause Courts Law, 1905] or to Courts exercising the jurisdiction of a Court of Small Causes [under the said Act or Law], or to Courts exercising the jurisdiction of a Court of Small causes in [under the said Act or Law], [or to Courts in [any part of India to which the said Act does not extend] exercising a corresponding jurisdiction] that is to say- (a) so much of this schedule as relates to- (i) suits excepted from the cognizance of a Court of Small Causes or the execution of decrees in such suits; (ii) the execution of decrees against immovable property or the interest of a partner in partnership property; (iii) the settlement of issues; and (b) the following rules and orders:- Order II, Rule 1 (frame of suit); Order X, Rule 3 (record of examination of parties); Order XV, except so much of Rule 4 as provides for the pronouncement at once of judgment and Rule 5; Order XVIII, Rules 5 to 12 (evidence); Orders XLI to XLV (appeals); Orders XLVII, Rules 2, 3, 5, 6, 7 (review); Order LI.";