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.