AIR 1963 RAJASTHAN 224 ::1963 RajLW 254 ::ILR (1963) 13 Raj 647

Rajasthan High Court

Hon'ble Judge(s): Jagat Narayan , J

Civil P.C. (5 of 1908) , S.63(1)— Court of highest grade - Rajasthan - Court of Additional Civil Judge is superior in grade to Judge of Court of Small Causes. For purposes of Section 63 of the Code of Civil Procedure, the grade of any Court depends upon the pecuniary jurisdiction of that Court. Under Section 19 (1) (i) of the Rajasthan Civil Courts Ordinance, 1950, the pecuniary jurisdiction of the Court of Additional Civil Judge extends to Rs. 10,000/-. The jurisdiction of the Court of Judge, Small Causes, Jodhpur, extends upto Rs. 500/- only. The Court of the Additional Civil Judge is, therefore, superior in grade to the Judge of Court of Small Causes, within the meaning of Section 63 of the Code of Civil Procedure. The provisions contained in S. 26 (2) of the Rajasthan Small Cause Courts Ordinance, 1950 and S. 30 of the Rajasthan Civil Courts Ordinance, 1950, have no bearing on this matter.