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Surendra Nath Bhaumik and anr. Vs. Gayeshuddin - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in41Ind.Cas.494
AppellantSurendra Nath Bhaumik and anr.
RespondentGayeshuddin
Excerpt:
small cause court, jurisdiction of - landlord and tenant--suit for damages for cutting down trees. - 1. no one appears to show cause. we think that the questions raised in the case cannot be finally determined by the court of small causes.2. we set aside the judgment and decree of the court below and direct that the plaint be returned to the plaintiff to be presented to a court having jurisdiction to determine the questions raised in the case under the provisions of section 23 of the provincial small cause court. the petitioner, however, must pay the costs of the opposite party in the court below within a fortnight of the arrival of the record in the court below, and if the costs are not so paid the rule will stand discharged.
Judgment:
1. No one appears to show cause. We think that the questions raised in the case cannot be finally determined by the Court of Small Causes.

2. We set aside the judgment and decree of the Court below and direct that the plaint be returned to the plaintiff to be presented to a Court having jurisdiction to determine the questions raised in the case under the provisions of Section 23 of the Provincial Small Cause Court. The petitioner, however, must pay the costs of the opposite party in the Court below within a fortnight of the arrival of the record in the Court below, and if the costs are not so paid the Rule will stand discharged.


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