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North-western Commercial Banking Corporation Through Babu Raghubir Saran, Official Liquidator Vs. Muhammad Ismail Khan - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1902)ILR24All208
AppellantNorth-western Commercial Banking Corporation Through Babu Raghubir Saran, Official Liquidator
RespondentMuhammad Ismail Khan
Excerpt:
act no. ix of 1887 (provincial small cause courts act) schedule ii, clause (18) - small cause court suit--jurisdiction--suit relating to a trust--suit to recover money paid to legal practitioner to institute sitits, hut not so expended. - knox and blair, jj.1. unfortunately we have not had the benefit of any argument addressed to us, nor of any authorities cited before us. the only paper we had before us is the reference made by the learned district judge. we hold that the suit as instituted was not a suit which fell within the purview of clause (18) of the second schedule to the provincial small cause court's act, and it was a suit, so far as this matter is concerned, not excepted from the cognizance of the court of small causes.2. this is our answer to the reference.
Judgment:

Knox and Blair, JJ.

1. Unfortunately we have not had the benefit of any argument addressed to us, nor of any authorities cited before us. The only paper we had before us is the reference made by the learned District Judge. We hold that the suit as instituted was not a suit which fell within the purview of Clause (18) of the second schedule to the Provincial Small Cause Court's Act, and it was a suit, so far as this matter is concerned, not excepted from the cognizance of the Court of Small Causes.

2. This is our answer to the reference.


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