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IN THE HIGH COURT OF MARAS
Innes, Kernan
Puna Karuppana Pillai
Versus
Virabadra Pillai And Anr.
Decided On : 16 February, 1883
Small Cause Court - Family Debt - The suit involving a demand on the son for money borrowed for a family purpose is within the jurisdiction of the Small Cause Court. The debt is considered to be that of the father and son, allowing the Small Cause Court to have cognizance of the suit.
Fact of the Case:
The plaintiff sues a father and son for money borrowed for the son's marriage, deemed a proper and necessary family purpose.
Finding of the Court:
The District Munaif questions the jurisdiction of the Small Cause Court, arguing that the debt was that of the father and the son's liability to pay it was based on Hindu Law. The court finds that the suit is cognizable by the Small Cause Court as the debt is that of the father and son, allowing the court to have jurisdiction.
Issues: Jurisdiction of the Small Cause Court over a suit involving a demand on the son for a family debt.
Ratio Decidendi: The debt is considered to be that of the father and son, allowing the Small Cause Court to have cognizance of the suit.
Final Decision: The suit is within the jurisdiction of the Small Cause Court.
Innes, J.
1. As we understand the case, the plaintiff sues a father and son for money properly borrowed for the sons marriage, the purpose being a proper and necessary family purpose. The District Munaif referes the question whether such a suit, including as it does a demand on the son, is properly within the jurisdiction of the Small Cause Court. He is of opinion that it is not, because the debt (he considers) was the debt of the father, and the liability of the son to pay the debt of the father is a liability not arising by contract, but by Hindu Law. We think that the suit is cognizable by a Court of Small Causes. The debt is not, properly speaking, the debt of the father, but the debt of the father and son, the father having, in borrowing the money, acted as manager and agent of the family. There is nothing, therefore, to prevent the cognizance of the suit by the Small Cause Court.
2. We may further observe that in Govinda Munaya Tiruyan v. Bapu 5 M.H.C.R. 200 it was held that the word "contract" in the Small Cause Courts Act is not confined to express contracts.
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