Skip to content


Adu Malo and ors. Vs. Nagar Bashi Malo and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in33Ind.Cas.728
AppellantAdu Malo and ors.
RespondentNagar Bashi Malo and ors.
Excerpt:
provincial small cause court act (ix of 1887), schedule ii, article. 35(i), as amended by act vi of 1914 - suit for damages for wrongful act against property, whether cognizable by small cause court--jurisdiction. - .....of their wrongful act. the suit has been decreed for the sum of rs. 100 by the small cause court judge.2. the contention before us is that the small cause court had no jurisdiction to try this suit as it was barred by the provisions of item (i), article, 35 of schedule ii to the provincial small cause courts act, as amended by act vi of 1914.3. the allegations contained in the plaint seem to make out an offence against property under chapter xvii of the indian penal code. this was, therefore, a case which was excepted from the jurisdiction of the small cause court and the said court had no jurisdiction to try it.4. the judgment and decree of the small cause court are set aside. we make no order as to costs as the point was not taken in the court below.
Judgment:

1. The allegation in the plaint was that the plaintiff's net had been forcibly torn and the fish collected by him in an enclosure allowed to escape, so that he had suffered damage to the extent of Rs. 150, namely, Rs. 25 for net and Rs. 125 for fish, which he wanted to recover from the defendants on account of their wrongful act. The suit has been decreed for the sum of Rs. 100 by the Small Cause Court Judge.

2. The contention before us is that the Small Cause Court had no jurisdiction to try this suit as it was barred by the provisions of item (i), Article, 35 of Schedule II to the Provincial Small Cause Courts Act, as amended by Act VI of 1914.

3. The allegations contained in the plaint seem to make out an offence against property under Chapter XVII of the Indian Penal Code. This was, therefore, a case which was excepted from the jurisdiction of the Small Cause Court and the said Court had no jurisdiction to try it.

4. The judgment and decree of the Small Cause Court are set aside. We make no order as to costs as the point was not taken in the Court below.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //