Case Note & Summary
The petitioner, Sri. Ashok P Shah, the defendant in O.S. No. 16/2014 pending before the Civil Judge (Senior Division) at Chitradurga, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 6.8.2014 passed by the trial court on I.A. No. 7. The application was filed by the defendant under Section 151 of the Code of Civil Procedure, 1908 (CPC) seeking a declaration that the provisions of Order XXXVII CPC are applicable to the suit and that the Circular ROC No.2526/1959 is not applicable to Order XXXVII CPC. The trial court rejected the application. The High Court heard the learned counsel for both parties. The court analyzed the provisions of Order XXXVII Rule 1 CPC, which specifies the courts to which the order applies, including the Civil Judge (Senior Division). The court held that the Circular ROC No.2526/1959, which may have restricted the applicability of Order XXXVII to certain courts, is not applicable to Order XXXVII as it exists today. Consequently, the High Court allowed the writ petition, set aside the impugned order, and directed the trial court to consider the application afresh in accordance with law, holding that Order XXXVII CPC is applicable to all courts as stated in Rule 1.
Headnote
A) Civil Procedure - Summary Suit - Applicability of Order XXXVII CPC - Order XXXVII Rule 1 CPC - The court held that Order XXXVII applies to all courts as specified in Rule 1, including the Civil Judge (Senior Division), and the Circular ROC No.2526/1959 is not applicable to Order XXXVII as it exists today. The trial court's order rejecting the defendant's application under Section 151 CPC was set aside. (Paras 2-4)
Issue of Consideration
Whether the provisions of Order XXXVII of the Code of Civil Procedure, 1908 are applicable to suits filed before the Civil Judge (Senior Division) and whether the Circular ROC No.2526/1959 restricts such applicability.
Final Decision
The writ petition is allowed. The impugned order dated 6.8.2014 passed by the Civil Judge (Senior Divn.), Chitradurga, in O.S. No. 16/2014 on I.A. No. 7 is set aside. The trial court is directed to consider the application afresh in accordance with law, holding that Order XXXVII CPC is applicable to all courts as stated in Rule 1 and that Circular ROC No.2526/1959 is not applicable to Order XXXVII CPC as it exists today.
Law Points
- Order XXXVII CPC applies to all courts specified in Rule 1
- including Civil Judge (Senior Division)
- Circular ROC No.2526/1959 is not applicable to Order XXXVII CPC as it exists today
