ORDER

Williams, J. - This is a petition under the provisions of Section 115, Civil P. C, in respect of a decree of the Presidency Small Cause Courts, the main ground being that the Court has erred in law. I gave oral judgment on 29th April 1937, but subsequently recalled that judgment and heard further arguments on points of law. A preliminary point was raised that Section 115 does not apply to the Presidency Small Cause Courts. Section 8, Civil P.C., provides inter alia that save as provided in certain Sections, and by the Presidency Small Cause Courts Act, the provisions in the body of the Code shall not extend to any suit or proceeding in the Court of Small Causes in Calcutta, provided that the High Court, subject to certain conditions, may extend any of such provisions to the Small Cause Court. Section 115 is not included in those Sections, and its provisions have not been so extended. Section 6, Presidency Small Cause Courts Act, provides as follows:

The Small Cause Court shall be deemed to be a Court subject to the superintendence of the High Court of Judicature at Fort William, Madras or Bombay, as the case may be, within the meaning of the Letters Patent, respectively, dated