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Megi Mal and anr. Vs. Hira Lal and anr. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1924All761; 82Ind.Cas.292
AppellantMegi Mal and anr.
RespondentHira Lal and anr.
Excerpt:
u.p. honorary munsif's act (ii of 1896), sections 8(2) and 9 - bengal, north-western provinces and assam civil courts act (xii of 1887), section 21--civil procedure code (act v of 1908), section 21--small cause case transferred to honorary munsif s court--appeal. - .....in this revision, is the fourth ground which was added by a subsequent application. it is suggested that because this case was transferred from the court of a judge of small causes to the court of a honorary munsif that therefore the honarary munsif for the purpose of hearing the case became a small cause court judge and no appeal lay from his decision to the subordinate judge. this is to assume that, the transfer was under section 24 of the code of civil procedure, and to ignore the effect of section 9 of act ii of 1896 under which the honarary munsif is appointed. he is declared by that section to be a civil court under the bengal, north western provinces and assam civil courts act (act xii of 1887) and under that act an appeal lies from his decision to the subordinate judge. it is.....
Judgment:

Boys, J.

1. The only ground urged in this revision, is the fourth ground which was added by a subsequent application. It is suggested that because this case was transferred from the Court of a Judge of Small Causes to the Court of a Honorary Munsif that therefore the Honarary Munsif for the purpose of hearing the case became a Small Cause Court Judge and no appeal lay from his decision to the Subordinate Judge. This is to assume that, the transfer was under Section 24 of the Code of Civil Procedure, and to ignore the effect of Section 9 of Act II of 1896 under which the Honarary Munsif is appointed. He is declared by that section to be a Civil Court under the Bengal, North Western Provinces and Assam Civil Courts Act (Act XII of 1887) and under that Act an appeal lies from his decision to the Subordinate Judge. It is only necessary to add that the case was transferred to the Court of the Honarary Munsif under the provisions of Section 8 Clause 2 of Act II of 1896 and not under provisions of Section 24 of the Civil Procedure Code. The application is dismissed.


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