S. D. AGARWALA, J.

( 1 ) THIS is a petition under Article 226 of the Constitution of India.

( 2 ) THE facts giving rise to the present petition are as under :-"a Suit No. 651 of 1978 was filed by respondents Nos. 3 to 5 in the Court of Judge, Small Causes, Allahabad, against Jagannath, the petitioner, for a decree of ejectment and arrears of rent and damages. After the written statement was filed, an application was moved by the petitioner on 18th December, 1979, under S. 23 of the Provincial Small Cause Courts Act with the allegation that the Judge, Small Causes Court, had no jurisdiction to try the suit and the plaint was liable to be returned for presentation to the proper Court. This application was rejected by the Judge, Small Causes Court on 15th Feb. 1980, holding that the Court did not consider it proper to determine the question as to the infringement of the title at this stage or for sending the case for presentation before the proper Court. This order became final between the parties".

( 3 ) AFTER a year, on 7th January, 1981, another similar application was moved under S. 23 of the Provincial Small Cause Courts Act. This application was rejected by order dated 25th Marc

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