Report No. 14
30. Pecuniary jurisdiction of Munsifs Courts-Enhancement of.-
A careful examination of the data furnished by the High Court has led us to the conclusion that changes in the existing jurisdiction of courts presided over by Munsifs will bring about a speedier dispensation of justice. As will be seen from the figures furnished in the Table below (Table No. 11), a large majority of suits are those cognisable by Munsifs; most of these officers are stationed at taluq headquarters. Keeping in view, the nature of the terrain of the State, we would suggest that in order that the litigants and witnesses may not have to travel long distances the pecuniary jurisdiction of Munsifs may be enhanced to Rs. 5,000 and Rs. 500 in original and small cause suits respectively. The number of officers required to keep pace with institutions may be determined after so raising the jurisdiction.
Table No. 11
Year |
No. of suits of the value of not exceeding Rs. 1000 |
No. of suits of the value of Rs. 1000 and not exceeding Rs. 2000 |
No. of suits of the value of Rs. 1000 and not exceeding Rs. 5,000 |
No. of suits of the value of Rs. 5000 and not exceeding Rs. 10,000 |
No. of suits of the value of Rs. 10,000 and above |
Value of which cannot be estimated in money |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
1954 |
39316 |
Separate figures are not available |
3412 |
332 |
241 |
352 |
1955 |
39118 |
Do. |
3411 |
326 |
286 |
358 |
1956 |
38462 |
2491 |
1151 |
289 |
263 |
358 |
1956 |
3383 |
151 |
51 |
24 |
20 |
31 |
1956 |
149 |
6 |
.. |
.. |
.. |
.. |
31. Panchayats-Constitution and working of.-
At the base of the administration of justice are the Panchayats constituted under the Rajasthan Panchayats Act (XXI of 1953). A peculiar feature of this Act is that it does not provide for a separate Panchayat Court for a village or a group of villages. The Panchayat which conducts the administrative business also discharges the functions of the Nyaya Panchayat. These Panchayats have jurisdiction concurrent with that of Civil Courts for the trial of certain categories of suits enumerated in the Act provided the value of the claim does not exceed Rs. 100. Though the jurisdiction is concurrent, yet a large number of suits are filed before the Panchayats.
A decree or order passed by the Panchayat can be executed by it. Jurisdiction concurrent with that of criminal Courts has been conferred upon the Panchayats to take cognizance of certain offences under the Indian Penal Code, the Cattle Trespass Act and some minor Acts. No substantive sentence of imprisonment can be inflicted by a Panchayat; they can impose a fine upto a maximum of Rs. 50. This Act also constitutes what are known as Tehsil Panchayats elected by an electoral college consisting of the electors of the Panchas and the Sarpanchas.
Appeals against the decisions of the Panchayats in civil and criminal matters lie to the Tehsil Panchayats. District and Sessions Judges exercise revisional jurisdiction over the decisions of the Tehsil Panchayats. The Chief Panchayat Officer to the Rajasthan Government stated in his evidence that no more than ten per cent. of the cases decided by the Tehsil Panchayats are taken in revision. The following Table shows the number of civil and criminal proceedings instituted, disposed of and pending in the Panchayats during the three years preceding 1957.
Table No. 12
1954 |
1955 |
1956 |
|||||||
Total No. of cases before the courts |
Disposal |
Balance |
Total No. of cases before the courts |
Disposal |
Balance |
Total No. of cases before the courts |
Disposal |
Balance |
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
Civil |
57,559 |
47,364 |
10,195 |
48,112 |
33,205 |
14,907 |
70,182 |
54,875 |
15,307 |
Criminal |
66,044 |
54,380 |
11,664 |
53,909 |
43,598 |
10,311 |
76,455 |
62,195 |
14,260 |
32. Though some witnesses expressed the view that the Panchayats were the hot-bed of factions, yet many were of the contrary view. The fact that only about ten per cent. of the cases decided by the Panchayats are taken in revision would seem to show that the litigants have confidence in their working. There is, therefore, no reason why the jurisdiction conferred upon these Panchayats should not be made exclusive.
33. Removal of certain defects in the provisions of Rajasthan Act 1 of 1951, suggested.-
A number of witnesses expressed the view that the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act (1 of 1951) has given rise to considerable litigation. It would appear that there is no strict demarcation of the powers between the revenue and civil courts with regard to the nature of proceedings entertainable by them and that in the absence of such a demarcation the litigant is very often directed by the revenue courts to go to the civil courts and vice versa. We trust that appropriate measures will be adopted in this connection by the authorities concerned.
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