Chapter II SCOPE OF THE ACT AND JURISDICTION OF COURTS

Application of Act to certain suits.-Except as may hereinafter be otherwise provided, the provisions of this Act apply to-

1. (a) suits for an account instituted by an agriculturist under the provisions hereinafter contained ; and
2. (b) suits, in which the defendant, or any one of the defendants, is an agriculturist, for the recovery of money alleged to be due to the plaintiff on account of money lent or advanced to, or paid for, the defendant, or as the price of goods sold, or on an account stated between the plaintiff and the defendant, or on a written or unwritten engagement for the payment of money not hereinbefore provided for.

Jurisdiction to hear certain suits.-

1. (1) The Court of a Subordinate Judge shall have jurisdiction to hear, irrespective of the amount or value of the subject-matter, all suits to which this Act applies.
2. (2) Save as otherwise provided in sub-section
3. (3) and notwithstanding anything to the contrary in section 16 of the Jammu and Kashmir State Small Cause Courts Act, 1968, no Court exercising jurisdiction under the said Act and no Court inferior to the Court of a Subordinate Judge shall hear any such suit.
4. (3) The High Court of the Jammu and Kashmir State may, by notification, empower any Munsiff or Tehsildar to hear all or any such suits the amount or value of the subject-matter of which does not exceed five hundred rupees, and may likewise subject to the aforesaid limit of five hundred rupees, determine the jurisdiction of the Munsiff or Tehsildar so empowered:

Appeals Appeals.-No appeal shall lie from any decree or order passed in a suit to which this Act applies when the value of the suit in which the decree or order has been passed does not exceed five hundred rupees and the decree or order is passed by a Subordinate Judge or when the value of such suit does not exceed one hundred rupees and the decree or order is passed by a Munsiff or Tehsildar empowered under sub-section

1. (3) of section 4 : Provided that nothing herein contained shall apply to any order directing the arrest or detention in a civil prison of any person in execution of a decree Explanation.-In a suit referred to in section 10 the amount claimed by the defendant-creditor in his written statement shall be deemed to be the value of the suit and where no such claim is made, the amount at which the plaintiff-debtor values the suit
2. (2) One appeal and one only shall lie to the Subordinate Judge from a decree or order passed by the Munsiff or Tehsildar empowered under sub-section
3. (3) of section 4 in a suit to which this Act applies when the value of the suit in which the decree or order is passed exceeds one hundred rupees and from such decree or order passed by a Subordinate Judge to the District Judge when the value of the suit exceeds five hundred rupees but does not exceed two thousand and five hundred rupees and to the High Court in any other case.
4. (3) Nothing herein contained shall affect section 24 of the Code of Civil Procedure.

A. Superintendence of, appeals to and revision by, Special Judges.-(1) The Government may, from time to time, appoint a Special Judge or Judges for any local area to inspect, supervise and control in the place of the District Judge the proceedings of all Courts empowered under section 4 in any suit of the description mentioned in section 3 or any appeal under section 6, and may cancel any such appointment.

1. (2) Any appeal which lies under section 5 to a Subordinate Judge or the District Court may be heard and determined by such Special Judge.
2. (3) Such Special Judge may withdraw any such suit, appeal or proceeding pending before any Subordinate Judge, Munsiff or Tehsildar and may either transfer it to any other Court of equal or superior jurisdiction competent to determine it under this Act or may himself determine it in accordance with the provisions of this Act.
3. (4) Such Special Judge may, for the purpose of satisfying himself of the legality or propriety of any decree or order passed by any Subordinate Judge, Munsiff or Tehsildar in any such suit or any such appeal or as to the regularity of the proceedings therein, call for and examine the record of such suit, appeal or proceeding and pass such order thereon as he thinks fit: Provided that no decree or order shall be reversed or altered for any error or defect or otherwise, unless a failure of justice appears to have taken place.
4. (5) No appeal shall lie from any decree or order passed by such Special Judge under sub-sections (2),
5. (3) or
6. (4) but High Court may exercise its powers of revision under section 115 of the Code of Civil Procedure, 1977, with regard to any such decree or order.
7. (6) Such Special Judge may refer to the High Court under section 113 of the Code of Civil Procedure, 1977, any question of law, or usage having the force of law, or the construction of a document arising in any case pending before him under sub sections (2),
8. (3) or
9. (4) as if that case were a suit or an appeal pending before him ; and in respect of every reference so made, the provisions of Order XLVI of said Code shall apply.
10. (7) If any conflict of authority arises between the Special Judge and the District Judge, the High Court shall pass such order thereon consistent with this Act as it thinks fit.

B. Limitation of Appeals.-(1) The period of limitation for an appeal under section 5 shall run from the date of the decision appealed against and shall be as follows :-

1. (a) when the appeals lies to the Subordinate Judge 60 days
2. (b) when the appeal lies to the District Judge, Special Judge or the High Court. 90 days

1. (2) In computing the period of limitation for an appeal under this section, the period requisite for obtaining copies of the decision appealed against, shall be excluded.

Pending suits.-The provisions of this Act apply also to all suits mentioned in section 3 which, though instituted before the date on which this Act comes into force, are pending in any Court of first instance on such date and, if such Court is not competent under section 4 to hear any such suit, such suit shall be transferred to and heard, in accordance with the provisions of this Act, by the Court competent to hear such suits under section 4.