Hari Swarup, J. - (1.) THIS matter has come before us as a question referred by a learned Single Judge hearing the civil revision under Section 115. Civil Procedure Code. The question referred is:- "Is a revision against the judgment and decree of the District Judge passed under Section 25 of the Provincial Small Cause Courts Act maintainable under Section 115 of the Code of Civil Pro cedure?"
(2.) THE suit giving rise to this revision had been instituted in the court off Judge Small Causes and was decreed by him. A revision was preferred against the decree of the Judge Small Causes and the Additional District Judge partially allowed the revision and modified the decree passed by the trial court. Learned counsel for the oppo site party, in support of his preliminary objection, contended, firstly, that the jurisdiction of this Court to entertain the revision is barred by Section 7. Civil P. C.; secondly that it is barred by Sec tion 27 of the Provincial Small Cause Courts Act (hereinafter referred to as the Act) and thirdly, that the District Judge, while exercising powers under Section 25 of the Act does not act as a court subordinate to the High Court within the meaning of Section 115. Civil P. C. We do not find force in any of these contentions.
(3.) SECTION 7, Civil P. C. rearrang ed as relevant to the present case will read:- Section 115 shall not extend to courts constituted under the Provincial Small Cause Courts Act. 1887. This means that the power under Section 115. Civil P. C. will not be avail able where the case has been decided by a court constituted under the Act. The revision lied is not against any case decided by a court constituted under the Act. It has been filed against the decree or order passed by the District Judae. The District Judge cannot be said to be a court constituted under the Act. The court of the District Judge has been con stituted under Section 3 of the Bengal, Agra and Assam Civil Court Act. Sec tion 7, Civil P. C. does not. There fore, bar the applicability of Section 115. Civil P. C. to a case decided by the District Judge.;