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

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1918All9; 47Ind.Cas.842
AppellantMahmud Ali
RespondentTamiz-un-nissa Bibi
Excerpt:
provincial small causes courts act (ix of 1887), schedule ii, article 41 - debt paid off by one of several heirs--suit to recover share from co-heir--jurisdiction of small cause court. - - we are satisfied that the suit brought by the plaintiff was not of the nature specified in article 41 of the act.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 to the schedule to the small causes 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 and make no order as to costs.
Judgment:

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 to the Schedule to the Small Causes 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 and make no order as to costs.


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