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Prabhashankar and anr. Vs. Nagawat Ratichand - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberCiv. Revn. No. 282 of 1950
Judge
Reported inAIR1951Raj149
ActsProvincial Small Cause Courts Act, 1887 - Sections 33; Rajasthan Small Cause Courts Ordinance, 1950 - Sections 30
AppellantPrabhashankar and anr.
RespondentNagawat Ratichand
Advocates: Murlimanohar, Adv.
Cases ReferredChunni Lal v. Gokul
Excerpt:
- .....hearing, viz. that the suit was instituted originally as a small court suit(sic.) in the court of civil judge at banswara and thereafter, after a certain stage it was tried by the civil judge in exercise of small cause court powers which was contrary to law. this contention is correct. on persual of the record it appears that the suit was instituted in the court of civil judge, banswara, on 7th of june, 1948 and that the proceedings continued till 22nd of july, 1950 when it was taken on the small cause court side of the civil court and thereafter tried as such. under section 30 of the rajasthan small cause court ordinance (no. viii of 1950) this was not permissible if a suit is instituted or proceedings have commenced in any suit as a regular civil suit it cannot afterwards be tried as.....
Judgment:
ORDER

Bapna, J.

1. This is a revision by the defendant, against a decree of the Civil Judge, Banswara in exercise of Small Cause Court powers. Various grounds have been taken by the learned counsel for the petitioner but an additional ground was taken in the course of hearing, viz. that the suit was instituted originally as a Small Court suit(sic.) in the Court of Civil Judge at Banswara and thereafter, after a certain stage it was tried by the Civil Judge in exercise of Small Cause Court powers which was contrary to law. This contention is correct. On persual of the record it appears that the suit was instituted in the Court of Civil Judge, Banswara, on 7th of June, 1948 and that the proceedings continued till 22nd of July, 1950 when it was taken on the Small Cause Court side of the Civil Court and thereafter tried as such. Under Section 30 of the Rajasthan Small Cause Court Ordinance (no. VIII of 1950) this was not permissible if a suit is instituted or proceedings have commenced in any Suit as a regular civil suit it cannot afterwards be tried as a Small Cause Court suit. (Vide Bande Ali v. Hussainbhai, A.I.R. (24) 1937 sag. 200 : (I.L.R. (1937) Nag. 399), Chunni Lal v. Gokul, A.I.R. (9) 1922 ALL 112 : (66 I. C. 816). The decree of the learned Civil Judge in exercise of Small Cause Court powers is set aside and the case is sent back to the Court of Munsif Banswara for decision on merits as the suit is within his pecuniary jurisdiction. All proceedings subsequent to 22nd of July, 1950 are hereby quashed. The costs of the revision will be costs in the cause.


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