# Such List may be Sub divided in 5 parts including that of Survey matter. An earlier issued

- **Citation:** C.L.no.52
- **Court:** Allahabad High Court
- **Decided:** 1972-05-05
- **Case number:** C.L.no.52
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/such-list-may-be-sub-divided-in-5-parts-including-that-of-survey-matter-an-163173
- **Pages:** 3

## Text

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Such List may be Sub divided in 5 parts including that of Survey matter. An earlier issued
C.L.no.52 dated 5th May 1972 provides that names of only such persons should be
entered in the list of Survey Commissioners Under Rule 66(1) G.R.( Civil) who possess a
good knowledge of Survey work and can make measurements properly. A need is felt by
the Hon'ble Court that in more complicated cases involving Survey work. The same
should be performed by Qualified Engineers who can be engaged by the party concerned
if an adequate fee is provided for the same.

Therefore, in continuation of the above noted Circular letter, I am directed to
request you to kindly impress upon all judicial officers that in complicated cases, they
may appoint in their discretion qualified engineers for conducting survey work, with cost
(here the fees of the Surveyor) to be borne by the party seeking relief of appointment of
such surveyor .

 I am to add further that kindly bring the contents of this Circular Letter to all the
Judicial Officers working under your administrative control to make strict compliance of
the directions given.
6.
SMALL CAUSE CASES
Procedure on sudden abolition of Small Cause court
G.L. No. 36 dated 30th September, 1931, read with
G.L. No. 9/IV-g-24 dated 9th March, 1949

Small Cause Court cases pending in a court, which has been abolished or has
ceased to exist on the transfer of the Presiding Officer, become triable as regular suits
and not as Small Cause Court cases by the court of inferior jurisdiction in which they
would be filed if freshly instituted and the decrees would be appealable. The District
Judges has no power to transfer such pending Small Cause Court cases under section 24
of the Code of Civil Procedure after the court has ceased to exist or the officer has left
the district so that the decrees may be non-appealable. (Bhagwati Pande vs. Badri
Pandey and another, (1932) ILR. LIV., Allahabad, page 171 (F.B.) Civil revision no.
162 of 1930).

District Judges are advised to pass orders of transfer in regard to such cases
shortly before the court ceases to exist or the officer is transferred. Some cases may be
transferred to Civil Judges and some to Munsifs as the District Judge may think fit. In
that case the cases would continue to remain Small Cause Court cases and can be tried
summarily and the decree would not be appealable.

If a successor to a Civil Judge invested with Small Cause Court power finds a
number of Small Cause Court cases pending on his file, which had not been of his
predecessor, it is irregular for him to try them on the regular side under section 35 of the
Small Cause Court Act when the suits are within the pecuniary jurisdiction of a Munsif.
Such cases should go to the Munsif's courts to be tried as regular suits.

When a Court of Small Causes created under section 5 of the Provincial Small
Cause Courts Act, ceases to exist or an officer invested with such powers is transferred,
cases pending on his file on the Small cause Court side can, by virtue of the provisions
contained in section 35 of the Provincial Small Cause Courts Act and section 24 of the
162
Code of Civil Procedure, be decided as Small Cause Court cases only under the
following conditions:-
(i)
if the successor of the officer possesses similar small cause court power of
that valuation and actually takes over charge from the outgoing officer; or
(ii)
if there is in the district any other officer, Civil Judge or Munsif, invested
with powers to try Small Cause Court suits of that valuation in that area;
or
(iii)
If before the Small Cause Court ceases to exist or the officer invested with
such powers makes over charge the District Judge, in exercise of the
powers conferred by section 24 of the Code of Civil Procedure, transfers
such suits to any other court or officer, even though not invested with
Small Cause Court powers.
In other cases, the pending Small Cause Court suits will have to be tried as
regular suits by the court which would be competent to entertain them if those suits were
instituted afresh.
When the successor of the officer is not invested with Small Cause Court powers
or being invested with such powers does not actually take over charge from the outgoing
officer, the pending Small Cause Court suits in that officer's court ought to be dealt with
as follows:
1.
In case the outgoing officer is a Munsif-
(a)
if there is a Civil Judge or an Additional Civil Judge exercising Small
Cause Court powers in that area, and there is no additional Munsif
invested with such powers and having territorial jurisdiction over that
area, the Civil Judge or Additional Civil Judge, as the case may be, will
have the jurisdiction to try the pending suits as Small Cause Court suits
without any order by the District Judge and they should be sent to the
court concerned automatically;
(b)
if there is a Civil Judge or Additional Civil Judge and also an Additional
Munsif, both exercising or competent to exercise Small Cause Court
powers in that area, the two officers can try the pending Small Cause
Court suits as such without any order by the District Judge depending
upon their pecuniary and territorial jurisdiction as judges invested with
Small Cause Court powers; and the cases should be sent to the proper
court automatically;
(c)
if there is an Additional Munsif invested with Small Cause Court powers
but there is no Civil Judge or Additional Civil Judge for that area invested
with such powers, the pending suits of valuation within the pecuniary
Small Cause Court jurisdiction of the Additional Munsif would stand
transferred to his file to be heard as Small Cause Court suits while those
above that valuation will be tried as regular suits unless transferred by the
District Judge under section 24 of the Code of Civil Procedure; or
(d)
If there is no officer invested with Small Cause Court powers, all the
pending cases will be tried as regular suits unless transferred under section
163
24 of the Code of Civil Procedure before the outgoing officer actually
makes over charge.
2.
In case the outgoing officer is a Civil Judge-
(a)
If there is another Civil Judge, whether designated as second or Additional
Civil Judge, invested with Small Cause Court powers exercisable in that
area, all the pending Small Cause Court suits and proceedings can be tried
by him as Small Cause Court Judge;
(b)
If there is no Civil Judge invested with Small Cause Court powers, but
there is a Munsif or an Additional Munsif invested with or exercising
Small Cause Court powers in that area or part thereof, pending Small
Cause Court suits within the pecuniary and territorial jurisdiction of the
Munsif under the Small Cause Court Act can be taken cognizance of by
him under section 35 of the provincial Small Cause Court Act, without
any fresh order of transfer by the District Judge while the other suits
beyond his pecuniary and territorial jurisdiction can be tried as Small
Cause Court suits only if they are transferred under section 24 of the Code
of Civil Procedure prior to making over by the Civil Judge; or
(c)
If there is no officer invested with Small Cause Court powers, instruction
no. 1 (1) (d) will apply.
3.
When the successor of the officer is invested with similar Small Cause Court
powers and actually takes over charge from the outgoing officer, no orders of
transfer by the District Judge are necessary as the Court invested with Small
Cause Court powers continues to exist.
4.
When successor of the Munsif is invested with Small Cause Court powers in
respect of suits of a lower, valuation the pending Small Cause Court suits of
higher valuation can be tried by a Civil Judge or Additional Civil Judge invested
with and exercising such powers as Small Cause Court suits; but if there is no
such Civil Judge, suits of a higher valuation can be tried as Small Cause Court
suits only where orders of transfer are passed by the District Judge before the
outgoing officer hands over charge.
It shall be the duty of each Munsarim to bring this letter to the notice of the
District Judge and also the officer who is being transferred, if any, on every occasion
when a Small Cause Court is to cease to exist or when an officer receives an order of
transfer.
7.
 GENERAL DIRECTION FOR DISPOSAL OF CASES
C.L. No. 69/X-a-14 dated 13th July, 1953
Presiding officers should bear the following observations and instruction in mind
in their day-to-day work:
―The main essential of the proper working of a court is that the Presiding Officer
should be vigilant and should take an intelligent interest in the work all rounds.
He should know his duties and should possess necessary zeal to perform them.
No amount of improvement or change in the law or rules of procedure can bring