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Tamiz-un-nissa Bibi Vs. Mahmud Ali - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in(1919)ILR61All51
AppellantTamiz-un-nissa Bibi
RespondentMahmud Ali
Excerpt:
act no. ix of 1887 (provincial small cause courts act), section 25 schedule ii, article 41 - jurisdiction--debt of deceased person paid in whole by one of the heirs--suit for contribution. - - we are satisfied that the suit brought by the plaintiff was not of the nature specified in article (41) of the act.henry richards, kt., c.j. and tudball, j.1. the main point raised as a ground for revision is that the suit was one which was not cognizable by the small cause court. it is contended that it is excluded by article (41) of the second schedule to the small cause courts act. we are satisfied that the suit brought by the plaintiff was not of the nature specified in article (41) of the act. we see no sufficient reason to interfere with the decree of the small cause court in any other matter raised by the memorandum of appeal. we reject the application but make no order as to costs.
Judgment:

Henry Richards, Kt., C.J. and Tudball, J.

1. The main point raised as a ground for revision is that the suit was one which was not cognizable by the Small Cause Court. It is contended that it is excluded by Article (41) of the second schedule to the Small Cause Courts Act. We are satisfied that the suit brought by the plaintiff was not of the nature specified in Article (41) of the Act. We see no sufficient reason to interfere with the decree of the Small Cause Court in any other matter raised by the memorandum of appeal. We reject the application but make no order as to costs.


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