Bachawat, J. - (1.) THIS revision case raises the question whether the City Civil Court Judge has jurisdiction to pass an order under Section 34 of the Arbitration Act, 1940, staying a suit pending before him. Badri Narayan Lall instituted a suit in the City Civil Court against the Union of India and others. The disputes in the suit arise out of a contract which contains an arbitration clause. Upon the application of the Union of India and the other defendants to the suit the learned City Civil Court Judge has passed an order staying the suit under Section 34 of the Arbitration Act, 1940. Plaintiff Badri Narayan has moved the High Court against this order under Section 115 C. P. C. and has obtained a rule.
(2.) ON behalf of the plaintiff it is contended that the jurisdiction of the City Civil Court Judge to pass an order under Section 34 of the Arbitration Act, 1940, staying the suit is taken away by Section 5 (4) of the City Civil Court Act, 1953, read with item it of the first schedule and Section 2 (5) of the Act. In my opinion this contention is unsound and should be rejected. Sections a (5), 5 and item 11 of the first schedule to the City Civil Court Act, 1953 are as follows :- Section 2 (5). "'Proceeding' includes any proceeding arising out of a suit of a civil nature (not being a proceeding on appeal, reference revision or any application to the High Court) and any other proceeding whatsoever of a civil nature in the exercise of original jurisdiction not arising out of a suit." Section 5. "Jurisdiction -- (i) The local limits of the jurisdiction of the City Civil Court shall be the City of Calcutta. "(2). Subject to the provisions of Sub-sections (3) and (4), and of Section 9 the City Civil Court shall have jurisdiction and the High, Court shall not have jurisdiction to try suits and proceedings of a civil nature, not exceeding rupees ten thousand in value." "(3). The City Civil Court shall have jurisdiction and the High Court shall not have jurisdiction to try any proceeding under -- (i) the Guardians and Wards Act, 1890 (VIII of 1890), and (ii) Part X of the Indian Succession Act, 1925 (XXXIX of 1925), in respect of succession certificates. "(4). The City Civil Court shall not have jurisdiction to try suits and proceedings of the description specified in the First Schedule. "(5). All suits and proceedings which are not triable by the City Civil Court shall continue to be triable by the High Court or the Small Cause Court or any other Court, tribunal or authority, as the case may be, as here to before." Item II of the first schedule: "Suits and proceedings under the Arbitration Act, 1940 (X of 1940), other than suits and proceedings under Chapter IV of that Act."
(3.) NOW the application for stay of the pending suit under Section 34 of the Arbitration Act, 1940 is a proceeding in that suit. The City Civil Court is competent to try the suit and all proceedings in it. The ancillary proceeding in the suit for its stay under Section 34 of the Arbitration Act is not covered by the expression "suits and proceedings under the Arbitration Act, 1940" in item No. 11 of the first schedule of the City Civil Court Act, 1953 read with Sections 2 (5) and 5 (2) of the Act and the City Civil Court is not debarred from trying the application.;