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Ragho Laxman Lohar Vs. Govind Vaman Dhapre - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case Number Civil Extraordinary Application No. 2 of 1924
Judge
Reported inAIR1925Bom246; (1925)27BOMLR246; 87Ind.Cas.820
AppellantRagho Laxman Lohar
RespondentGovind Vaman Dhapre
Excerpt:
small cause suit - transfer of suit to small came list-trail of suit -re-transfer of case to regular lint-procedure irregular.;a suit filed as a small cause suit was transferred by the presiding judge to the regular list on the application of the defendant. after the evidence was heard and the case closed, the judge transferred the ease back to the small cause hat and found on the issues without giving any reasons. on application to the high court:-;that there having been an order by a competent court that the suit should be tried as a regular suit and not us a small cause court suit, the judge had no power to sot aside that order and transfer the case back to the small cause court list. - - 2. that procedure was clearly irregular......cause court suit by the plaintiffs. on the application of the defendant it was transferred to the regular list and became a regular suit until the record was closed. for reasons which do not appear to have been stated in writing the judge re transferred the case back to the small cause court list. he then found on the issues without giving any reasons and dismissed the suit with costs.2. that procedure was clearly irregular. there having been an order by a competent court that the suit should be tried as a regular suit and not as a small cause court suit, the court would have no power to set aside that order and transfer the case back to the small cause court list. the decree, therefore, must be set aside and the case must be remanded to the subordinate judge to continue the hearing.....
Judgment:

Norman Macleod, Kt., C.J.

1. This suit was originally filed as a Small Cause Court suit by the plaintiffs. On the application of the defendant it was transferred to the regular list and became a regular suit until the record was closed. For reasons which do not appear to have been stated in writing the Judge re transferred the case back to the Small Cause Court list. He then found on the issues without giving any reasons and dismissed the suit with costs.

2. That procedure was clearly irregular. There having been an order by a competent Court that the suit should be tried as a regular suit and not as a Small Cause Court suit, the Court would have no power to set aside that order and transfer the case back to the Small Cause Court list. The decree, therefore, must be set aside and the case must be remanded to the Subordinate Judge to continue the hearing from the time when the wrong order was made transferring the suit to the Small Cause Court list, The rule is made absolute with costs.


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