Meaning of “District Judge”
“District Judge” is defined in the Act u/s 2(bb). The word “District Judge” means the Judge of principal Civil Court of original jurisdiction. The principal Civil Court of original jurisdiction has been considered by this Court by interpreting the provisions of Madhya Pradesh Civil Courts Act, 1958. In the case of Vinod Kumar Jajodia and Others Vs. Brij Bhushan Agarwal, , it is held that an Additional Judge to the Court of District Judge appointed in any district has the same power as the District Judge has, and is entitled to exercise jurisdiction of the Court of District Judge. He is entitled to exercise functions of principal Civil Court of original jurisdiction like District Judge himself. After substitution of Sub-section (2) of Sections 7 and 8 of the Madhya Pradesh Civil Courts Act, 1958, by Act No. 7 of 1980, there is no substance in the argument that suit of value more than Rs. 20,000/- cannot be originally instituted in the Court of Additional Judge to the Court of District Judge. u/s 8, the Court of Additional Judge can exercise power of District Judge even in the absence of general and special order. The District Judge, for the purpose of Section 264, is not a persona designata.
Since a separate institution is permissible in the Court of Additional District Judge, the Additional District Judge is also a Judge of principal Civil Court of original jurisdiction and has power to entertain the probate proceedings and he will be the District Judge within the meaning of Section 264 of the Succession Act, 1925 Act.
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