Allahabad Court December 1916 Judgments
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Raghunath Das Vs. Sukha and anr.
Court: Allahabad
Decided on: Dec-01-1916
Reported in: (1917)ILR39All214
Piggott, J.1. This is an application in revision which has been referred to a bench of two Judges owing to the difficulty of the point of law raised. The facts are given in the referring order of Mr. Justice Rafiq. A suit was instituted in the court of the Subordinate Judge of Muttra. This was also a court invested with the jurisdiction of a Court of Small Causes, within the meaning of Sections 32, 33, 34 and other sections of the Provincial Small Cause Courts Act, IX of 1887. The suit in question was of a Small Cause Court nature, that is to say, had it been tried in the court in which it was originally instituted it would have been tried as a Small Cause Court suit by a court lawfully empowered to try it as such, and would have been subject to the provisions of the Provincial Small Cause Courts Act as to the right of appeal. The suit in question, however, along, with -certain others, was transferred l>y an order of the District Judge to the court of the Munsif of Muttra for disposal....
Musammat Sukha and anr. Vs. Raghunath Das
Court: Allahabad
Decided on: Dec-01-1916
Reported in: AIR1917All62; 37Ind.Cas.809
Piggott, J.1. This is an application in revision which has been referred to a Bench of two Judges owing to a difficulty of the point of law raised. The facts are given in the referring order of Mr. Justice Rafique. A suit was instituted in the Court of the Subordinate Judge of Muttra. This was also a Court invested with the jurisdiction of a Court of Small Causes, within the meaning of Sections 32, 33, 34 and other Sections of the Provincial Small Cause Courts Act (IX of 1887). The suit in question was of a Small Cause Court nature, that is to say, had it been tried in the Court in which it was originally instituted it would have been tried as a Small Cause Court suit by a Court lawfully empowered to try it as such, and would have been subject to the provisions of the Provincial Small Cause Courts Act as to the right of appeal. The suit in question, however, along with certain others, was transferred by an order of the District Judge to the Court of the Munsif of Muttra for disposal. T...