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ShamshudIn Rowthen and ors. Vs. Asa Bivi Ammal and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1900)10MLJ313
AppellantShamshudIn Rowthen and ors.
RespondentAsa Bivi Ammal and ors.
Cases ReferredMahamaya Dasya v. Nitya Hari Das I.L.R.
Excerpt:
- .....order under section 23 was final.5. adopting this opinion we must dismiss the appeal with costs.6. but the decree must be modified by striking out the words 'on the security of the property the. defendants had from bacha rowthen,' and making it clear that the defendants are liable as representatives of bacha rowthen and the assets in their hands.
Judgment:

1. In our opinion this suit is one which ought to have been tried as a Small Cause Court suit as there was no real question of title.

2. But there was an order-under Section 23 of Act IX of 1887 which order is final and has the effect of giving jurisdiction to the Court having ordinary jurisdiction.

3. The case was accordingly tried by the District Munsif. There was an appeal to the Subordinate Judge and it is said that the point of jurisdiction was not pressed. The appeal was heard on the merits.

4. Now the appellants seek to have all the proceedings set aside in order that the plaintiffs may begin their suit again in the Small Cause Court. The case is not unlike that reported in Mahamaya Dasya v. Nitya Hari Das I.L.R. 23 C. 425. In that case and in the case reported in {In re Hansambhar Abdulabhai I.L.R. 20 B. 283, it was held that the order under Section 23 was final.

5. Adopting this opinion we must dismiss the appeal with costs.

6. But the decree must be modified by striking out the words 'on the security of the property the. defendants had from Bacha Rowthen,' and making it clear that the defendants are liable as representatives of Bacha Rowthen and the assets in their hands.


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