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Civil Reference No. 1 of 1965, answered on 13th July 1965.

S. 3 (1) (a) and Schedule, Part I, S. B (I)‑Small Cause Court‑Civil Court within mischief of Ordinance‑Suit for recovery of Rs. 290.00 as price for barga produce‑Exclusively triable by Conciliation Court- Bengal, Agra and Assam Civil Courts Act (XII of 1887), Ss. 13, 25 & 40‑Provincial Small Cause Courts Act (IX of 1887), S. 31.

It is clear from the provisions of section 3 (1)(a) of the Conciliation Courts Ordinance, 1961 read with section B (1) of Part I of the Schedule thereof that a suit for recovery of Rs. 290.00 as price for barga produce is under the said Ordinance 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.

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.

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.

It is thus patent that the aforesaid suit is exclusively triable by a Conciliation Court constituted under the Ordinance.

Md. Jani Alam, Government Pleader for Province of East Pakistan.

.‑This is a reference under Order XLVI, rule 6, of the Code of Civil Procedure by a Munsif acting as a Small Cause Court Judge at Gaibandha, Rangpur. A suit, which was marked as S. C. C. Suit No. 6 of 1964, was filed in his Court for recovery of a sum of Rs. 290 as price of barga produce claimed by plaintiff. A question arose whether ‑the suit was exclusively triable by a Conciliation Court as set up under the Conciliation Courts Ordinance, 1961 (Ordinance No. XLIV of 1961) (hereinafter called the Ordinance), that is, whether the Small Cause Court at Gaibandha was competent to try the case

The learned Small Cause Court Judge was of opinion that the aforesaid case was exclusively triable by the Conciliation. Court and, inasmuch as he had doubt as to his opinion, he has made this reference.

At the hearing of this reference we were ably assisted by the learned Government Pleader, who was asked to appear before us.

Part I of the Schedule annexed to the said Ordinance enumerates the subjects within the exclusive jurisdiction of Courts constituted under the Ordinance. Section B of Part I appertains to civil cases. Subsection (1) of the said section B reads thus "Suit for the recovery of money due on contracts, receipts or other documents." The Court mentioned is : "In the case of Union Councils, when the amount claimed, or the price of movable property, does 'not exceed five hundred rupees ; and . . . . . . . ." .

We now turn to section 3, subsection (1), of the Ordinance, which runs thus ‑ .

"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.

.‑I agree.

S. Q. Reference answered to the affirmative.

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