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Khettra Mohan Singh and anr. Vs. Shib Das Chander - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported inAIR1919Cal965(1),48Ind.Cas.612
AppellantKhettra Mohan Singh and anr.
RespondentShib Das Chander
Excerpt:
provincial small causes courts act (ix of 1887), section 23 - return of plaint in suit involving question of title--court, power of. - .....to determine the question of title raised in the suit. 'that the right of the plaintiffs in the suit in question did depend upon proof of plaintiffs' title to immoveable property cannot be disputed, and we see no ground for thinking that in returning the plaint the judge of the court of small causes has improperly exercised the discretion vested in him under section 23 of the act. it has been suggested that the question of title is in fact res judicata by reason of a suit brought in the preceding year between the present plaintiffs and the lessor of the present defendant. but for the reasons given by the subordinate judge and also by reason of the fact that the court of small causes cannot finally determine a question of title, we cannot accede to that contention. this rule is.....
Judgment:

1. This is an application under Section 25 of the Provincial Small Causes Courts Act. It is directed against an order by which, proceeding under Section 23 of that Act, the Judge of the Court of Small Causes has returned the plaint to be presented to a Court having jurisdiction to determine the question of title raised in the suit. 'That the right of the plaintiffs in the suit in question did depend upon proof of plaintiffs' title to immoveable property cannot be disputed, and we see no ground for thinking that in returning the plaint the Judge of the Court of Small Causes has improperly exercised the discretion vested in him under Section 23 of the Act. It has been suggested that the question of title is in fact res judicata by reason of a suit brought in the preceding year between the present plaintiffs and the lessor of the present defendant. But for the reasons given by the Subordinate Judge and also by reason of the fact that the Court of Small Causes cannot finally determine a question of title, we cannot accede to that contention. This Rule is accordingly discharged.


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