JUDGMENT - M.S. RATNAPARKHI, J.:---The petitioner who was the defendant before the civil judge (Junior Division) Nagpur, in Regular Civil Suit No. 594 of 1984 is challenging the order passed by that Court on 19-10-1985 holding that the plaintiff was diligently prosecuting his remedy before the Small Cause Court in between the institution of small cause suit from 12-9-1979 and returning the plaint for presentation to the proper Court on 18-4-1984.

2. The following facts will be necessary for appreciating the real controversy. Small Cause Suit No. 1219/79 was instituted by the plaintiff/respondent No. 1 on 10-7-1979 for eviction, mesne profits charges etc. etc. The suit proceeded before the Small Causes Court. A defence was raised that the Small Causes Court has no jurisdiction. This point was decided on merits by the Small Causes Court at Nagpur on 17-7-1983. It was held that the Small Causes had jurisdiction to entertain and decide the suit. This order came to be challenged before the High Court in revision. The High Court decided this revision some time on 6-2-1984 holding that the Small Causes Court had no jurisdiction to entertain and decide that suit. Thereafter, wh

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