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1926 Supreme(Mad) 230

C COUTTS-TROTTER
J. Manicka Chettiar – Appellant
Versus
Kuppuswami Naicker – Respondent


ORDER

Coutts-Trotter, C. J.

1. These are summonses to transfer ejectment applications pending in the Court of Small Causes to the file of the City Civil Court in order that they should be tried along with O. S. Nos. 16 and 17 of 1926 respectively and to empower the City Civil Judge to try the cases as Small Cause suits. That matter was put up before me for argument, because several such applications have been put before me as Chief Justice and I was told that I alone had the power to order such transfers. I have now ascertained that this view rested on the idea that the matter was governed by Section 5 (2) of the Madras City Civil Court Act 7 of 1892. That section enacts that a Judge of the City Court shall be, by virtue of his office, a Judge of the Small Cause Court with respect to cases cognizable by that Court and that every such Judgeshall be liable to perform any duties of a Judge of the Small Cause Court which the Chief Justice of the High Court may require him to perform. In my opinion the object of that section was to enable the Chief Justice to prescribe generally the duties to be performed by a Judge of the City Civil Court when transferred to the Small Cause Court for any


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