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Narayan Sitaram Vs. Bhaga Ganga - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberCivil Application No. 168 of 1906
Judge
Reported in(1907)9BOMLR327
AppellantNarayan Sitaram
RespondentBhaga Ganga
Excerpt:
.....judge invested with small cause court powers is governed by paragraph (1) of section 203 of the civil procedure code 1882. the judgment written by a subordinate judge as a court of a small causes need not, therefore, contain more than the points for determination and the decision thereon. - section 31(4) (since repealed) :[tarun chatterjee & h.l.dattu, jj] jurisdiction of high court - respondent, a government company, chartered appellants vessel to carry rock phosphate from togo to west coast india - dispute arose between parties - under agreement, respondent had chosen mumbai as port of delivery vessel carrying rock phosphate was delivered at port of bombay - application filed by respondent earlier before delhi high court for appointment of certain individual as arbitrator had become..........powers is governed by paragraph i l r (1883) 8 bom. 230 or paragraph (2) of section 203 of the civil procedure code.2. it has been argued before us by mr. shingne that it is paragraph (2) that governs and in support of his proposition he has cited to us bhagvan dayalji v. balu i l r (1883) 8 bom. 270, malhari v. narso i l r (1884) 9 bom. 174, bampartap v. ganesh i l r (1887) 12 bom. 31 and ramchandra v. ganesh i l r (1898) 23 bom. 382 of these cases however only the last cited is under the provincial small cause courts act of 1887 ; but apart from this they cannot in our opinion affect the decision of this case. the question submitted must, we think, be governed by the sections to which reference was made in the judgment granting the rule.3. section 32 of the provincial small cause.....
Judgment:

Lawrence Jenkins, C.J.

1. The question referred to this Full Bench is whether a Court invested with Small Cause Court Powers is governed by paragraph I L R (1883) 8 Bom. 230 or paragraph (2) of Section 203 of the Civil Procedure Code.

2. It has been argued before us by Mr. Shingne that it is paragraph (2) that governs and in support of his proposition he has cited to us Bhagvan Dayalji v. Balu I L R (1883) 8 Bom. 270, Malhari v. Narso I L R (1884) 9 Bom. 174, Bampartap v. Ganesh I L R (1887) 12 Bom. 31 and Ramchandra v. Ganesh I L R (1898) 23 Bom. 382 of these cases however only the last cited is under the Provincial Small Cause Courts Act of 1887 ; but apart from this they cannot in our opinion affect the decision of this case. The question submitted must, we think, be governed by the sections to which reference was made in the Judgment granting the rule.

3. Section 32 of the Provincial Small Cause Court Act provides that So much of Chapters III and IV, as relates to the practice and procedure of Courts of Small Causes, applies to Courts invested by or under any enactment for the time being in force with the jurisdiction of a Court of Small Causes so far as regards the exercise of that jurisdiction by those Courts'.

4. Here we are concerned with a Court invested by or under an enactment with the jurisdiction of the Court of Small Causes.

5. Then by Section 17 of the Act which is contained in Chapter IV, it is provided that 'the procedure prescribed in the Chapters and sections of the Code of Civil Procedure specified in the second Schedule to that Code, shall, so far as those Chapters and sections are applicable, be the procedure followed in a Court of Small Causes in all suits cognizable by it and in all proceedings arising out of such suits '.

6. Among the sections of the Code of Civil Procedure so specified is Section 203 and the practice and procedure of Courts of Small Causes in the matter of Judgment is determined in the first paragraph of that section.

7. Therefore it appears to us irresistibly to follow that a Court invested with Small Cause Court powers is governed by paragraph (1) of Section 203 of the Code of Civil Procedure and we answer the question submitted to us in those terms.


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