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Thakur Jawahir Singh Vs. Thakur Jai Karan Singh - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in4Ind.Cas.59
AppellantThakur Jawahir Singh
RespondentThakur Jai Karan Singh
Excerpt:
provincial small cause courts act (ix of 1887) schedule ii, article 41 - decree for rent against joint tenants--decree satisfied by one judgment-debtor--suit for contribution, whether lies in small cause court--jurisdiction. - 1. we are of opinion that the suit was one for contribution by a sharer in joint property in respect of payment made by him of money due by a co-sharer and was, therefore, excluded from the cognizance of the court of small causes by article 41, schedule ii of the provincial small cause courts act. the learned subordinate judge was in error in holding the contrary and by directing the plaint to be returned to the plaintiff improperly refused to exercise jurisdiction. we, accordingly, set aside the order of the subordinate judge and direct him to re-admit the plaint and proceed to hear the suit in accordance with law. costs here and hitherto will abide the event.
Judgment:

1. We are of opinion that the suit was one for contribution by a sharer in joint property in respect of payment made by him of money due by a co-sharer and was, therefore, excluded from the cognizance of the Court of Small Causes by Article 41, Schedule II of the Provincial Small Cause Courts Act. The learned Subordinate Judge was in error in holding the contrary and by directing the plaint to be returned to the plaintiff improperly refused to exercise jurisdiction. We, accordingly, set aside the order of the Subordinate Judge and direct him to re-admit the plaint and proceed to hear the suit in accordance with law. Costs here and hitherto will abide the event.


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