P L D 1966 Dacca 465 (PLP)

"3. (1) Notwithstanding anything contained in the Code of Criminal Procedure 1898 (Act V of 1898), or in the Code of Civil Procedure (Act V of 1908),‑ "(a) all cases falling under Part I of the Schedule shall, save as otherwise provided, hereinafter be referred to concilia tion under this Ordinance, and no civil or Criminal Court shall have jurisdiction to try any such case ; and It is clear from the provisions of section 3 (1) (a) of the Ordinance, read along with section B (1) of Part I of the Schedule thereof, as quoted above, that a suit like the one which has been filed before the referring Court is under the said Ordi nance exclusively triable by a Court under the Ordinance. The Ordinance expressly bars trial of such suit by any other Civil or Criminal Court. To us it appears that the word "civil" has been used to distinguish a Civil Court from a Criminal Court. There can be no manner of doubt that a Small Cause Court is a Civil Court within the mischief of the Ordinance. Mr. Jani Alam has tried to strengthen this view of the matter by referring us to the provisions of section 13 of the Bengal, Agra and Assam Civil Courts Act, 1887 (Act XII of 1887). Subsection (1) of that section empowers the Provincial Government to fix the local limits of the jurisdiction of Courts. Subsection (5) of section 13 reads thus: "The present local limits of the jurisdiction of every Civil Court under this Act shall be deemed to have been fixed under this section." Subsection (4) of section 13 reads thus: "A Judge of a Court of Small Causes appointed to be also a Subordinate Judge or Munsif is a Subordinate Judge or Munsif, as the case may be, within the meaning of this section." It, therefore, follows that a Court of Small Causes is a Civil Court within the meaning of the Bengal, Agra and Assam Civil Courts Act. Sections 25 and 40 of the said Act further support the proposition referred to above. Our attention was also drawn to section 31(1) of the Provincial Small Cause Courts Act (Act IX of 1887), which reads thus: "Nothing in this Act shall be construed to prevent the appointment of a person who is a Judge or Additional Judge of a Court of Small Causes to be also a Judge of any other Civil Court or to be a Magistrate of any class or to hold any other public office." It would be significant to note that the aforesaid subsection (1) of section 31 of the. Provincial Small Cause Courts Act while speaking of a Judge of a Court of Small Causes also refers to a "Judge of any other Civil Court". Subsection (1) necessarily postulates that a Judge of a Court of Small Causes constitutes a Civil Court. The same result would be deduced from a perusal of the provisions of subsections (2) and (3) of section 15 of the said Act. Furthermore, it will be noticed that the provisions of the Code of Civil Procedure, which apply to Civil Courts, apply to a Court of Small Causes and section 7 and Order 50 of the Code enumerate rules exempted from being applied to Court of Small Causes. It is thus patent that the aforesaid suit, namely, S. C. C. Suit No. 6 of 1964, pending in the Small Cause Court a Gaibandha is exclusively triable by a Conciliation Court constituted under the Ordinance. The opinion of the referring Court that it is incompetent to try the suit is correct. The reference is disposed of in terms of the opinion expressed above. Learned Small Cause Court Judge is directed to return the plaint to the plaintiff for its presentation before an appropriate forum, if so advised. ABDULLA, J.‑I agree. S. Q. Reference answered to the affirmative.