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Bisva Nath Shah Vs. Naba Kumar Chowdhary - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1888)ILR15Cal713
AppellantBisva Nath Shah
RespondentNaba Kumar Chowdhary
Excerpt:
small cause court (provincial), jurisdiction of - provincial small cause court act (ix of 1887), schedule ii, articles, 2, 41, 42 and 44--suit for costs paid by one of two persons jointly liable. - macpherson, j.1. we are of opinion that article 2 of the second schedule of act ix of 1887 (provincial small cause courts act) has no application to the present case, and that the suits for contribution which the small cause court has no jurisdiction to try are those specified in articles 41 and 42, or which might come under article 44. the present case does not come under any of these articles. we think, therefore, the small cause court has jurisdiction to deal with the case, and we set aside the order of the judge, and direct him to proceed with it.
Judgment:

Macpherson, J.

1. We are of opinion that Article 2 of the second schedule of Act IX of 1887 (Provincial Small Cause Courts Act) has no application to the present case, and that the suits for contribution which the Small Cause Court has no jurisdiction to try are those specified in Articles 41 and 42, or which might come under Article 44. The present case does not come under any of these Articles. We think, therefore, the Small Cause Court has jurisdiction to deal with the case, and we set aside the order of the Judge, and direct him to proceed with it.


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