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Bedyadhar Saran Das Vs. Abdul Majid - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in(1917)ILR39All101
AppellantBedyadhar Saran Das
RespondentAbdul Majid
Excerpt:
civil procedure code (1908), section 115 - small cause court suit tried as a regular suit--jurisdiction--appeal--revision. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are..........the view taken by the learned judges of the madras high court in a similar case was that where a small cause suit is tried by a munsif on the original side and his decision is reversed in appeal by the subordinate court, the high court is bound to set aside the decree in appeal as having been passed without jurisdiction. it is in no way advisable that a small cause court suit should be prolonged. if there is any value in the work of the small cause court it is that speedy justice is done and the parties get an early decision on the matter in dispute between them. the present case is a very good instance of the way in which petty litigation is prolonged and carried to an undue extent. i set aside the decision of the lower appellate court as a decision passed without jurisdiction and.....
Judgment:

George Knox, J.

1. The plaintiff brought a suit for recovery of Rs. 11-12 as his share of some trees which he said had been cut and appropriated by defendant No. 1 on some abadi land. The nature of the suit was undoubtedly such as was cognizable by a Court of Small Causes and the value of the subject-matter was also within the jurisdiction of the Court of Small Causes. As a matter of fact the suit was instituted in the court of a Munsif exercising the powers of a Small Cause Court and it was tried by a Munsif who was invested with Small Cause Court powers. Somehow or other, and it is not explained how, the case was not heard summarily but heard after the fashion of a regular suit and it was dismissed. The reason why it was dismissed was that the plaintiff had not proved that he had been in possession. An appeal was filed from the decision of the Munsif, and it was heard by the Additional Judge of Gorakhpur, who gave the plaintiff a decree for Rs. 7-2-8, as the price of the tamarind and the bamboo trees. The defendant comes here in revision, and the first ground taken is that no appeal lay to the District Judge who had no jurisdiction to try the appeal. The learned vakil who appears for the applicant called my attention to the Full Bench decision of the Madras High Court in the case of Kollipara Seetapathy v. Kankipati Subbaya (1909) I.L.R. 33 Mad. 323. The view taken by the learned Judges of the Madras High Court in a similar case was that where a Small Cause suit is tried by a Munsif on the original side and his decision is reversed in appeal by the subordinate court, the High Court is bound to set aside the decree in appeal as having been passed without jurisdiction. It is in no way advisable that a Small Cause Court suit should be prolonged. If there is any value in the work of the Small Cause Court it is that speedy justice is done and the parties get an early decision on the matter in dispute between them. The present case is a very good instance of the way in which petty litigation is prolonged and carried to an undue extent. I set aside the decision of the lower appellate court as a decision passed without jurisdiction and restore that of the court of first instance with costs in all courts.


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