(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) On 14.9.2011, this Court had passed the following order:-
" This Court on 03.08.2011 had passed the following order -
"Mr.Shah for the appellant states that vide notification No.A.201/81 dated 02.02.1981 issued by the High Court under proviso to Sub-rule (1) of Rule 1 of Order XXXVII of the Code of Civil Procedure, 1908, the summary suit could be filed only on the basis of bills of exchange, hundies and promissory notes, whereas the present was not a suit based on such documents. He states that thereafter he could not lay his hands on the subsequent notification, if any, issued by the High Court.
Mr.Pandey seeks time to meet with the said aspect.
S.O.
to 16.08.2011. In the meantime, the amount shall be deposited as per the earlier order."
It has been stated by the learned counsel for the appellant as well as respondent that they have not been able to get any subsequent notification for modifying the earlier one or otherwise. We find that as the question is pertaining to the conferment and restriction of the jurisdiction by this Court upon Civil Court, a report may be required before we rule on the said aspect.
Hence, Registrar General of this Court is directed to submit report about the operation of the notification dated 21.08.1981 referred to hereinabove or any subsequent notification issued by the High Court for enlarging the scope of the jurisdiction of the other courts as per clause (b) Order XXXVII Rule (1) of the CPC.
Such report shall be submitted within two weeks. S.O. to 30.09.2011."
Thereafter the Registrar General of this Court has submitted the report on 29.9.2011, the relevant portion of which is as under:-
" Pursuant to the above order passed by the Honourable Court, the Office records of this Hon'ble High Court have been verified but no subsequent notification, issued by this High Court for enlarging the scope of the jurisdiction of the other courts as per clause (b) Order XXXVII Rule (1) of the CPC, is found in the Office record."
Mr.Sanjanwala, who is appearing in the other connected matter being First Appeal No.2010 of 2011 has brought to our notice the Notification dated 20.3.1995 Vide No.A.0201/81 published in Gujarat Government Gazette, Exty. Part.I dated 8.6.95, Page 578, whereby the earlier Notification dated 2.2.1981 has been withdrawn and it is declared that the whole Order XXXVII of the Code of Civil Procedure will apply to all the Courts of Civil Judges (Senior/Junior Division) in the State of Gujarat.
Under these circumstances, the Registrar General shall submit the report and also explanation as to why the aforesaid aspect was missed in the report dated 29.9.2011. Such report shall be submitted on or before 16.11.2011. It is further directed that the Registrar General shall produce a copy of the said Notification dated 20.3.1995. S. O. 18.11.2011.
(Jayant Patel, J.) (R. M. Chhaya, J.) vinod Top