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Dukkhi Vs. Ghurhu and anr. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in33Ind.Cas.768
AppellantDukkhi
RespondentGhurhu and anr.
Excerpt:
jurisdiction - suit for rebuilding a wall or payment of damages--plaint returned by munsif for presentation to small cause court--frame of suit determines jurisdiction. - .....should be made to rebuild the said wall or pay rs. 200 as damages. the munsif returned the plaint for presentation to the court of small causes and on appeal his order was affirmed by the district judge, on the ground that the relief requiring the defendants to re-build the wall could not be granted to the plaintiff. i do not think the order of the learned judge is correct. the jurisdiction of a court depends upon the nature of the suit as brought and not upon the character which it would ultimately assume. the relief with regard to requiring the defendants to rebuild the wall in question could not be granted by the court of small causes. i allow the application, set aside the orders of the courts below and direct the munsif of benares to entertain the plaint and proceed with the.....
Judgment:

Rafique, J.

1. This is an application in revision from an order of the District Judge of Benares, upholding the order of the Munsif returning the plaint to the applicant for presentation to the Court of Small Causes. It appears that the plaintiff sued in the Court of the Munsif, on the allegation that the defendants had made an excavation next to his (the plaintiff's) wall by which the wall had come down and that the defendants should be made to rebuild the said wall or pay Rs. 200 as damages. The Munsif returned the plaint for presentation to the Court of Small Causes and on appeal his order was affirmed by the District Judge, on the ground that the relief requiring the defendants to re-build the wall could not be granted to the plaintiff. I do not think the order of the learned Judge is correct. The jurisdiction of a Court depends upon the nature of the suit as brought and not upon the character which it would ultimately assume. The relief with regard to requiring the defendants to rebuild the wall in question could not be granted by the Court of Small Causes. I allow the application, set aside the orders of the Courts below and direct the Munsif of Benares to entertain the plaint and proceed with the suit according to law. Costs will abide the result.


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