TMI Blog1985 (2) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... r S. Ml of the Act District Judge under S.2(bb) of the Act means the Judge of a principal Civil Court of original jurisdiction. 2. The question that I have to consider is as to whether the present petition is maintainable in the Delhi High Court. It is not disputed that a petition for grant of succession certificate is not a suit. It is also not disputed that the property in respect of which succession certificate is being claimed values over Rs. 1 3. With reference to Section 5 of the Delhi High Court Act, 1966, it was submitted by Mr. P.C. Khanna, Advocate, that the Delhi High Court is a principal Civil Court of original jurisdiction and would be included in the definition of the District Judge . I do not think Mr. Khanna is corre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he value of which exceeds rupees one lac. This would not, however, make the Delhi High Court a principal Civil Court of original jurisdiction in Delhi Reference in this respect may be made to a Division Bench decision of this Court in Bakshi Lochan Singh v. Jathadar Santokh Singh ILR (1971) Delhi 615 :AIR 1971 Delhi 277 This was a suit under Section 92 of the Civil P.C. which was filed in the High Court The question that was raised was that the High Court had no jurisdiction to entertain such a suit It was argued that a suit as authorised by Section 92 of the Code had to be filed in the principal Civil Court of original jurisdiction which in Delhi was the Court of the District Judge by reason of Section 24 of the Punjab Courts Act. The Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction of the Court of the District Judge Delhi has been conferred upon this High Court and, therefore, with respect to such part, this High Court will be the principal Court of ordinary original civil jurisdiction notwithstanding Section 24 of the Punjab Courts Act We, therefore, agree with the learned single Judge that for the purpose of this suit the value of which exceeds fifty thousand rupees, this High Court is the principal Civil Court of original jurisdiction as contemplated by Section 92 of the Civil P.C. 5. Thus, it was held that the High Court was a principal Court of original civil jurisdiction limited to try every such suit the value of which exceeds rupees fifty thousand (now it is rupees one lac after the amendment). Refere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with respect to all matters of the said value including matter in which the testamentary and intestate jurisdiction is invoked, so as to divest the District Judge of the jurisdiction to deal with such matters, ignores the limited purpose for which Sub-section (2) confers the ordinary original civil jurisdiction and impliedly ousts the corresponding jurisdiction of the District Judge. A bare reading of sub-sec (2) of Section 5 leaves no manner of doubt that the ordinary original civil jurisdiction has relation to 'every suit' (emphasis (hereinto' ') supplied). This obviously leaves jurisdiction other than that exercisable in a suit such as testamentary and intestate jurisdiction as indeed other jurisdiction unaffected. 6. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the High Court had jurisdiction to issue succession certificate. Under Clause 12 of the Letters Patent constituting Madras High Court, the High Court of Madras would be the principal Civil Court of original jurisdiction in the city of Madras The aforesaid judgment of the Madras High Court would not, therefore, be relevant to the case before me. 8. The jurisdiction of the Delhi High Court s same as exercised by the High Court of Punjab in Delhi before the constitution of the Delhi High Court except as provided in Section 5(2) of the Delhi High Court Act. The High Court of Punjab under the High Courts (Punjab) orders, 1947 has the same jurisdiction as exercised by the High Court at Lahore. There is no clause in the Letters Patent of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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