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Chander Badan Koer Vs. Sheodhar Prasad - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in18Ind.Cas.325
AppellantChander Badan Koer
RespondentSheodhar Prasad
Excerpt:
provincial small cause courts act (ix of 1887), section 23 - return of plaint for presentation to proper civil court--title to immoveable property--refusal by civil court to entertain plaint--jurisdiction. - .....munsif's order. the munsif's order is incompetent and must be set aside.2. the rule is made absolute and the case remanded to the file of the munsif for re-trial according: to law. the plaint filed in this court will be sent along with the record to the munsif.
Judgment:

1. It is perfectly clear that this Rule must be made absolute and the Munsif must be directed to admit and hear this suit. The Subordinate Judge passed an order under Section 23, which order is open only to revision in this Court and that order was a final order. The Small Cause Court has jurisdiction to refer such a case to the regular Civil. Court, and the Munsif had no jurisdiction to refuse to entertain the plaint. It is not a case of a plaint originally presented before the Munsif and refused by him which would be open to appeal to the District Judge. It is a case where a case was directly referred to him under the special provision of the law which empowers Small Cause Court Judges to refer such cases when proof or disproof of title to any immoveable property is in their opinion necessary; and looking at the case in that light, we do not think that it is at all necessary to direct the petitioner to file an appeal before the District Judge against the Munsif's order. The Munsif's order is incompetent and must be set aside.

2. The Rule is made absolute and the case remanded to the file of the Munsif for re-trial according: to law. The plaint filed in this Court will be sent along with the record to the Munsif.


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