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Rampat Rai Vs. Harihar Rai and anr. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1919All447(1); 95Ind.Cas.405
AppellantRampat Rai
RespondentHarihar Rai and anr.
Excerpt:
civil procedure. code (act v of 1908), section 102 - letters patent (all), close 10--small cause suit of value less than rs. 500--appeal, second, whether lies--letters patent appeal. - - 1. the subject-matter of the suit to which this letters patent appeal relates was clearly a small cause court suit.1. the subject-matter of the suit to which this letters patent appeal relates was clearly a small cause court suit. the amount claimed was below rs. 500, no second appeal lay. the learned judge who decided the appeal had no jurisdiction to hear it and no jurisdiction to pass the decree. the appeal is decreed. the decree of this court is set aside and that of the lower appellate court restored. we make no order as to costs.
Judgment:

1. The subject-matter of the suit to which this Letters Patent appeal relates was clearly a Small Cause Court suit. The amount claimed was below Rs. 500, no second appeal lay. The learned Judge who decided the appeal had no jurisdiction to hear it and no jurisdiction to pass the decree. The appeal is decreed. The decree of this Court is set aside and that of the lower Appellate Court restored. We make no order as to costs.


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