AIR 1957 TRAVANCORE-COCHIN 69 ::1956 Ker LT 810 ::ILR (1956) TravCo 1314

Travancore-cochin High Court

Hon'ble Judge(s): Koshi, Kumara Pillai, N. Varadaraja Iyengar , JJJ

(A) Civil P.C. (5 of 1908) , S.15— Travancore-Cochin Civil Courts Act (22 of 1951) , S.12— Establishment of new Subordinate Judge's Court in particular area over which District Court was exercising jurisdiction - Effect on original jurisdiction of District Court. It is quite clear from S. 12 of the T. C. Civil Courts Act read with S. 15 of the Code of Civil Procedure that, when a new Subordinate Judge's Court is established in a particular area over which a District Court was exercising jurisdiction till then, all original suits arising thereafter from that area will have to be filed in the new Subordinate Judge's Court and not in the old District Court. Therefore, even though the notification establishing the new Subordinate Judge's Court does not in terms take away or abrogate the jurisdiction which the District Court had till then over the area for which the Subordinate Judge's Court is established, the effect of the establishment of the new Court would be to terminate the ordinary original civil jurisdiction of the District Court in the area and to transfer that jurisdiction to the new Subordinate(Para 4) Anno : AIR Com., Civil P. C., S. 15, N. 4, 5. (B) Civil P.C. (5 of 1908) , S.37(b), S.38, S.39, S.150— Decree on hypothecation bond passed by District Court - Tr....