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Mohanlal Raichand Vs. Vira Punja and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1888)ILR12Bom169
AppellantMohanlal Raichand
RespondentVira Punja and ors.
Excerpt:
jurisdiction - civil procedure code (act xiv of 1882) section 15 - section 31(4) (since repealed) :[tarun chatterjee & h.l.dattu, jj] jurisdiction of high court - respondent, a government company, chartered appellants vessel to carry rock phosphate from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 infructuous because of his demise held, high court of bombay, is not correct in rejecting arbitration petition filed by appellant on ground of lack of jurisdiction. charles sargent, c.j.1. both courts had jurisdiction to try the cause-the small cause court of the cantonment, because the cause of action arose within the local jurisdiction; and the small cause court of the city, because the defendant resided there: but the former, whose jurisdiction only extends to rs. 200, whilst that of the latter extends to rs. 500, must, we think, be regarded as the court of lower grade, and, therefore, under section 15 of the civil procedure code (act xiv of 1882), the proper court to try the suit. see dwarkanath dutt v. bhathu hawoldar 22 cal, w.r. c. r 457.
Judgment:

Charles Sargent, C.J.

1. Both Courts had jurisdiction to try the cause-the Small Cause Court of the cantonment, because the cause of action arose within the local jurisdiction; and the Small Cause Court of the City, because the defendant resided there: but the former, whose jurisdiction only extends to Rs. 200, whilst that of the latter extends to Rs. 500, must, we think, be regarded as the Court of lower grade, and, therefore, under Section 15 of the Civil Procedure Code (Act XIV of 1882), the proper Court to try the suit. See Dwarkanath Dutt v. Bhathu Hawoldar 22 Cal, W.R. C. R 457.


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