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Abdulbhai Chhotambhai Vs. Nathia Parshottam - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtMumbai
Decided On
Case NumberCivil Reference No. 10 of 1905
Judge
Reported in(1906)8BOMLR369
AppellantAbdulbhai Chhotambhai
RespondentNathia Parshottam
Excerpt:
provincial small causes act (ix of 1887), schedule ii, articles 11, 21-suit cogniz-able by court of small causes-execution purchaser-suit to recover refund of purchase money-civil procedure code (act xiv of 1882), section 315.; a suit brought by an execution purchaser of immoveable property, under section 815 of the civil procedure code 1882, for recovery of his purchase money on the ground that the judgment-debtor had no saleable interest therein, is one cognizable by a court of small causes. - .....in this case.4. at any rate we are clear that the suit is cognizable by a court of small causes and accordingly we order the court to return the plaint for presentation to the court of small causes at.....
Judgment:

Lawrence Jenkins, K.C.I.E., C.J.

1. We have to thank Mr. Ratanlal and Mr. Patkar for the labour they bestowed on this case which is a reference to us by the First Class Subordinate Judge, Surat, by reason of doubts entertained by him whether the suit is cognizable by a Court of Small Causes or is not so cognizable.

2. Having these doubts the learned Judge has submitted the record to us under Section 646 A of the Civil Procedure Code.

3. Had the case in Prasanna Kumar Khan v. Uma Charan Hazra (1896) 1 C. W. N. 140, and that in Gool Khan v. Tetar Goala (1899) 4 C.W.N.63, been within the reach of the Judge, we think he would have had no doubts in this case.

4. At any rate we are clear that the suit is cognizable by a Court of Small Causes and accordingly we order the Court to return the plaint for presentation to the Court of Small Causes at Surat.


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