Shib Charan Vs. Ram Sahai and ors. - Court Judgment

Excerpt:
provincial small cause courts act (ix of 1887), schedule ii, article 13 - suit for share of offerings at temple--jurisdiction of small cause court. - dalal, j.1. on behalf of the respondents mr. panna lal has raised a preliminary objection that no second appeal lies. this point is covered by authority of this court in his favour. there is a bench ruling chintamani v. mahima dat 19 ind. cas. 628 there in a case similar to the present it was held that a second appeal would be barred under the provisions of section 102 of the code of civil procedure. the point at issue will be whether a suit. for the recovery of a share of offerings at a temple is one barred from the cognizance of the court of small causes under article 13 of schedule ii of that act or not. the present suit was of a value of rs. 375 only. so it would lie in a court of small causes unless barred from such cognizance by, any article in the second schedule. this court has consistently taken the view that a suit of that nature is not barred from the cognizance of a court of small causes. all the rulings have been summarised in the case noted above. more recently in 1922 a bench of two judges of the lahore high court has pronounced a similar opinion in shiv gir v. khazan gir 77 ind. cas. 561 : 3 lah. 369 : a.i.r. 1922 lah : 451. it was held there that article 13 of the second schedule of the provincial small cause courts act related to claims made against a person who is primarily liable to pay the cesses or dues.2. i dismiss this appeal but make no order as to costs.