Ramendra Mohan Datta, J. - (1.) This is an application under Clause 13 of the Letters Patent, 1865 for transfer of a suit from the City Civil Court at Calcutta to the High Court.
(2.) An important point of law has been argued in this case and it is necessary to decide the said point before the facts are gone into. The point involved relates to the High Court's power to exercise its extraordinary original jurisdiction conferred by Clause 13 of the Letters Patent 1865 over the suits filed in the City Civil Court in view of certain provisions being amended by the City Civil Court (Amendment) Act 1969 being West Bengal Act XXXV of 1969 which came into force on 14th November 1969. By the said Amendment Act amongst other amendments Section 9 of the City Civil Court Act has been omitted and the pecuniary jurisdiction of the City Civil Court has been raised from Rs. 10,000/- to Rs. 50,000/-.
(3.) This point could not be raised earlier because under the provision of Section 9 thereof suits and proceedings could be transferred to the High Court and by Subsection (3) of Section 9, Clause 13 of the Letters Patent 1865 was expressly excluded from the purview of the said City Civil Court Act (hereinafter called the said Act). The said Sub-section (3) of Section 9 prior to its omission from the said Act provided as follows:-- "(3) The provisions of this section shall be in addition to and not in derogation of the powers conferred on the High Court under Clause 13 of the Letters Patent.";