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Lalu Sardar and ors. Vs. Ohedali Mrioha - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1919Cal1035(1),45Ind.Cas.15
AppellantLalu Sardar and ors.
RespondentOhedali Mrioha
Excerpt:
provincial small causes courts act (ix of 1887) as amended by act vi of 1914, schedule ii, article 35, clause (ii) - suit for value of paddy wrongfully and forcibly taken away whether cognisable by small cause court. - .....the plaintiff's suit was one not triable by a court of small causes. we, therefore, set aside the decree against which this rule is directed and return the case to the small cause court judge in order that he may return the plaint to the plaintiff for presentation in the proper court.2. under all the circumstances we make no order as to costs.
Judgment:

1. This Rule is directed against a decree made by the Small Cause Court of Barisal The plaintiff brought his suit to recover the value of paddy and his claim has been decreed to the extent of Rs. 15. His allegations in the plaint were tbat this paddy being in his possession the defendant had forcibly, wrongfully and maliciously cut and taken it away. On these allegations it is clear that under the Small Causes Courts Act, Second Schedule, Article 35, Clause (ii), introduced into the Act by the Amending Act VI of 1914, the plaintiff's suit was one not triable by a Court of Small Causes. We, therefore, set aside the decree against which this Rule is directed and return the case to the Small Cause Court Judge in order that he may return the plaint to the plaintiff for presentation in the proper Court.

2. Under all the circumstances we make no order as to costs.


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