Rampratap Vs. Ganesh Rangnath - Court Judgment
|Judge||Charles Sargent, C.J. and ;Nanabhai Haridas, J.|
jurisdiction - subordinate judge invested with small cause judge's powers--civil procedure code (act xiv) of 1882, section iii--set-off exceeding pecuniary jurisdiction of the small cause powers of the subordinate judge--practice. - indian succession act (39 of 1925), section 63: [s.b. sinha & cyriac joseph, jj] will validity - deceased, was a very wealthy person - he floated several companies - he left behind his daughters, s and j - he was suffering from various diseases including some neurological ones - for his treatment, he used to frequently visit united states of america accompanied by his wife and daughter - by reason of a will, he is said to have bequeathed 50% of his property to s and 50% to j in a letter addressed to the 1st respondent, viz., s, he is purported to have.....charles sargent, c.j.1. we think there is no objection to the subordinate judge trying the set-off pleaded by the defendant. he is not the judge of two courts, but has two jurisdiction-malhari v. narso krishna i.l.r., 9 bom., 174and will exercise his small cause court jurisdiction in trying the claim made by the plaint and his ordinary jurisdiction in trying the set-off; and as he is governed by the code of civil procedure in his procedure-bhagvan dayalji v. balu i.l.r., 8 bom., 231 he will set off the one debt against the other as provided by section 111.
Charles Sargent, C.J.
1. We think there is no objection to the Subordinate Judge trying the set-off pleaded by the defendant. He is not the Judge of two Courts, but has two jurisdiction-Malhari v. Narso Krishna I.L.R., 9 Bom., 174and will exercise his Small Cause Court jurisdiction in trying the claim made by the plaint and his ordinary jurisdiction in trying the set-off; and as he is governed by the Code of Civil Procedure in his procedure-Bhagvan Dayalji v. Balu I.L.R., 8 Bom., 231 he will set off the one debt against the other as provided by Section 111.