Bijitendra Mohan Mitra, J. - (1.) The instant revisional application is directed against Order No. 20 dated 14.5. 97 passed by the 2nd Court of Assistant District Judge, Barasai in T. S. No. 121 of 1994. The order impugned has been passed on an application under section 151 of the Code of Civil Procedure by a Civil Court. The contention of the petitioners is that in terms of the provision of section 31 of the Recovery of Debts Due to Banks and Financial Institutions Act the Tribunal will exercise its jurisdiction on the date of notification referred to in sub section (1) of the said section. In this context, attention of this Court has been drawn to section 31 which postulates that every suit or other proceeding pending before any Court immediately before the date of establishment of the Tribunal under the Act being a suit or proceeding, the cause of action whereon it is based is such that it would have been had it arisen after such establishment within the jurisdiction of such Tribunal shall transfer on the day to the said Tribunal. The date of notification is 27.4.94. A reference was made to a xerox copy of the"1 - letter issued by the O. R. T. dated 21. 12. 96 vide 658 from which it appear that they started registering the case with effect from 18.5.94. Therefore, it has been opined by the concerned Court that it started functioning from 18.5.94 i.e., the date when it has started registering cases. The said explanation offered may not appear to be reasonable as it has been contended by Mr. Dhandhania appearing on behalf of the petitioners that in term of the language of section 31(2) of the Act it is the date of notification which will be deemed to be treated as coming into force of the said act is the State of West Bengal and Andaman and Nicobar Group of Islands and every date for taking over function of the Tribunal cannot be construed to be the date of enforcement of the Act. But this Court has construed the wording contained in section 31(1) of the Act which makes a reference not only to a suit or proceeding but the same is to be juxtaposed with the accrual of the cause of action on which it was based. In terms of the averments made in paragraph 19 of the plaint of the connected suit, the accrual of the cause of action was mentioned to have started from 5.1.81 and has continued till 11.5.91 which was definitely prior to coming into force of the notification. Section 31 is not capable of being comprehended in a piece mill manner with regard to the pendency of the suit but it in required to be compositely viewed alongwith the pendency of theaccrm1 of the cause of action. Cause of action has definitely accrued before the date of the notification and, as such, it can be stated that the cause of action has arisen for the suit if such suit pending before the Civil Court is capable of being transferred in terms of section 31. In this case, in the impugned order the Court has exercised its jurisdiction under section 151, C. P. C. for ends of justice to extricate itself from a impasse if it would have Held on such a parochial and technical construction then the suit would have been capable of being transferred and a corollary to the said objection would have come that there was an ouster of Civil Court's jurisdiction flowing from the mischief of section 9, C. P' C. Even while interpreting and construing section 31 of the Act, the Court in view of the trends of decisions of the Apex Court will go by mischief Rule of construction of statute and not by golden rule. The same has to be in consonance not only with the Act but also with the pragmatic view so that justice may not be thwarted at the alter of technicalities and procedures. It is worthwhile that procedures are handmade of justice and they cannot be upgraded to the position of mistress of justice.
(2.) Accordingly, this Court does not intend to interfere with the order impugned for jurisdictional error in terms of the proviso super - added to section 1J5, C. P. C. pursuant to amendment for the ends of justice. The revisional application thus stands dismissed. Revision Application dismissed.;