LODHA, J.—This is a revision application by the defendant under sec. 23 of the Rajasthan Small Cause Courts Ordinance, 1950 (Ordinance No. VIII of 1950) from the judgment and decree by Judge, Small Cause Court, Jaipur City, dated 18-5-70 by which an ex parte decree for Rs. 500/- was passed against the petitioner.

2. Two points have been argued in support of the revision application. It is submitted in the first instance that the Small Cause Court had no jurisdiction to try the suit and secondly it is argued that there is absolutely no legal evidence on which the decree can be sustained.

3. The plaintiff non-petitioner alleged in the plaint that he had entered into a contract with the Assistant Engineer, Engineering Cell (Fisheries) Government of Rajasthan, Jaipur, to supply two generators on hire for five days from 20-5-69 onwards. But by his letter dated 29 5-69 received at about 5 p. m. marked Ex. 4 the Assistant Engineer cancelled the contract. The plaintiffs case is that on account of the said act of the Assistant Engineer, he was put to a loss of Rs. 500/- for which he filed the present suit in the Court of Small Causes, Jaipur City. The defendant, the State of Rajasthan, neithe

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