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Dukhi and anr. Vs. Dhanni Missir - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1923All543; 73Ind.Cas.956
AppellantDukhi and anr.
RespondentDhanni Missir
Excerpt:
provincial small cause courts act (ix of 1887), schedule ii, article 35, clause (i)(ii)--wrongful removal of trees--suit for compensation--jurisdiction. - .....for rs. 5. in revision it is urged, that article 35, clauses (i), (ii) of the schedule to the small cause courts act prohibits the entertainment of such a suit by a judge of the small cause court. the clause relied upon is as follows:for an act which is, or, save for the provisions of chapter iv of the indian penal code, would, be, an offence punishable under chapter xvii of the said code.2. the cutting down of trees belonging to other persons and misappropriating them is an offence against property punishable under chapter xvii of the indian penal code. the claim was, therefore, not maintainable in the small cause court.3. i set aside the decree of the lower court and direct that the plaint, be returned to the plaintiff for presentation to the proper court. no order as to costs.
Judgment:

Rafique, J.

1. This is an application in revision from a decree of the Small Cause Court Judge of Deoria. It appears that the plaintiff opposite party sued the applicants for the recovery of Re. 50 on the allegation that they had unlawfully cut down the trees belonging to the plaintiff opposite party. The claim was resisted on various grounds and the title of the plaintiff opposite party was denied. It was further objected that the suit was not maintainable in the Court of the Judge of Small Causes. The learned Judge, however, disallowing all the pleas for the defence decreed the claim for Rs. 5. In revision it is urged, that Article 35, Clauses (i), (ii) of the Schedule to the Small Cause Courts Act prohibits the entertainment of such a suit by a Judge of the Small Cause Court. The Clause relied upon is as follows:

For an act which is, or, save for the provisions of Chapter IV of the Indian Penal Code, would, be, an offence punishable under Chapter XVII of the said Code.

2. The cutting down of trees belonging to other persons and misappropriating them is an offence against property punishable under Chapter XVII of the Indian Penal Code. the claim was, therefore, not maintainable in the Small Cause Court.

3. I set aside the decree of the lower Court and direct that the plaint, be returned to the plaintiff for presentation to the proper Court. No order as to costs.


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