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Helaluddi Molla Alias Elai Molla Vs. Abdul Gafur - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in41Ind.Cas.936
AppellantHelaluddi Molla Alias Elai Molla
RespondentAbdul Gafur
Excerpt:
provincial small cause courts act (ix of 1887), schedule ii, article 35 (ii) - provincial small cause courts (amendment) act (vi of 19)4)--suit for damages for cutting and taking away trees, whether cognizable by small cause court. - 1. this rule must be made absolute. it is quite clear from the cause of action as given in the proceedings of the court that the suit is of a nature mentioned in article 35 (ii) of schedule ii of the provincial small cause courts act. a suit of that nature is excluded from the cognizance of the small cause court. the rule must, therefore, be made absolute. we make no order as to costs, as the opposite party has not entered appearance.
Judgment:

1. This Rule must be made absolute. It is quite clear from the cause of action as given in the proceedings of the Court that the suit is of a nature mentioned in Article 35 (ii) of Schedule II of the Provincial Small Cause Courts Act. A suit of that nature is excluded from the cognizance of the Small Cause Court. The Rule must, therefore, be made absolute. We make no order as to costs, as the opposite party has not entered appearance.


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