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Subbaroyadu Vs. Gangayya - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1906)ILR29Mad329
AppellantSubbaroyadu
RespondentGangayya
Cases ReferredAct Muhamaya Dasya v. Nitya Hari Das Bairagi I.L.R.
Excerpt:
provincial small cause court act ix of 1887, section 23 - exercise of power under section 23--dives court jurisdiction to try suit as an original suit. - .....presented to a court having jurisdiction to determine the title. the exercise of the power is discretionary with the small cause court, and when it is exercised the effect is to give the court's jurisdiction to try the small cause suit as an original suit notwithstanding anything in section 16 of the act muhamaya dasya v. nitya hari das bairagi i.l.r. 23 cale. 425. the district munsif must therefore receive the plaint and deal with it according to law.
Judgment:
ORDER

1. The object of Section 23 of the Provincial Small Cause Courts' Act is to enable the Small Cause Court to decline to exercise its jurisdiction in a small cause suit, when the right of the plaintiff and the relief claimed by him depend upon the proof or disproof of a title to immoveable property or other title which the Small Cause Court cannot finally determine, and to return the plaint to be presented to a Court having jurisdiction to determine the title. The exercise of the power is discretionary with the Small Cause Court, and when it is exercised the effect is to give the Court's jurisdiction to try the small cause suit as an original suit notwithstanding anything in Section 16 of the Act Muhamaya Dasya v. Nitya Hari Das Bairagi I.L.R. 23 Cale. 425. The District Munsif must therefore receive the plaint and deal with it according to law.


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