O.C.J. Suit No. 700 of 1948. Case: Vishwanath Keshav Joshi Vs B.M. Sukhadwalla. High Court of Bombay (India)
| Case Number | O.C.J. Suit No. 700 of 1948 |
| Judges | Bhagwati, J. |
| Issue | Code of Civil Procedure |
| Citation | AIR 1949 Bom 250, (1949) 51 BomLR 276 |
| Judgement Date | October 11, 1948 |
| Court | High Court of Bombay (India) |
Judgment:
Bhagwati, J.
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The matter comes up before me for trial of issue as to the jurisdiction of this Court to entertain proceedings in execution of a decree passed by this Court, the decree being for an amount above Rs. 2,000 and below Rs. 10,000. The decree was passed in the suit on April 2, 1948, and this application for execution was made by the judgment-creditor on September 22, 1948.
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A point was raised as to whether in view of the passing of the Bombay City Civil Court Act, XL of 1048, this Court had jurisdiction to entertain this application for execution of the decree. The Bombay Act XL of 1948 was enacted by the Legislature and received the assent of the Governor General on May 10, 1948. It came into force by a notification in the official Gazette from August 16, 1948. Section 3 of that Act provided that notwithstanding anything contained in any law, the Bombay City Civil Court was to have jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature not exceeding Rs. 10,000 in value and arising within the Greater Bombay, except for certain exceptions therein laid down which are not relevant for the determination of the present issue before me. Section 12 of the Act provided that notwithstanding anything contained in any law, the High Court shall not have jurisdiction to try suits and proceedings cognizable by the City Court. Section 18 of the Act further provided that all suits and proceedings cognizable by the City Court and pending in the High Court, in which issues had not been settled or evidence had not been recorded on or before the date of the coming into force of this Act shall be transferred to the City Court and shall be heard and disposed of by the City Court and the City Court shall have all the powers and jurisdiction thereof as if they had been originally instituted in that Court. These are the relevant provisions of this Act which have got to be borne in mind for the purposes of the determination of this issue.
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The jurisdiction of the Bombay City Civil Court was to receive, try and dispose of all suits and other proceedings of a civil nature not exceeding Rs. 10,000 in value. The ban of the jurisdiction of the High Court also was in respect of the trial of suits and proceedings cognizable by the City Court, and what had got to be transferred to the City Civil Court were also suits and proceedings cognizable by the City Court and pending in the High Court in which issues had not been settled or evidence recorded on or before August 16, 1948. The...
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