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Rampratap Vs. Ganesh Rangnath - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1888)ILR12Bom31
AppellantRampratap
RespondentGanesh Rangnath
Excerpt:
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.
Judgment:

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.


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