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Abdul Ameeth Sahib Vs. Ponnambala Muthurian - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1926Mad679; 94Ind.Cas.550; (1926)51MLJ158
AppellantAbdul Ameeth Sahib
RespondentPonnambala Muthurian
Excerpt:
- .....by the wrong order of the learned judge i make no order as to the costs in this.....
Judgment:

Devadoss, J.

1. This is an application to revise the order of the Small Cause Judge of Trichinopoly. The Judge found that the Court had no jurisdiction. Having decided that the Court had no jurisdiction it was not competent for him to go into the merits of the case and give a decision on them.He should have returned the plaint for presentation to the proper Court. I therefore set aside the decree of the Small Cause Judge and direct him to return the plaint to the plaintiff for presentation to the proper Court. The plaintiff is responsible for filing the suit in a Court which had no jurisdiction. Therefore the defendant is entitled to the costs of the suit incurred in the Small Cause Judge's Court, Trichinopoly. As the Revision Petition was necessitated by the wrong order of the learned Judge I make no order as to the costs in this Court.


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