K. C. AGARWAL, J. - Finding a conflict between Sudarshan Pal Singh v. 2nd Addl. District Judge (1980 (UP) RCC 379) and Smt. Kamini Khare v. Ram Naresh (1979) 5 All LR 547) : (1979 All LJ 1263) Hon. N.D. OJha, J., has referred this case for decision by a larger Bench.

2. This writ petition has been preferred by a tenant against an order of the Additional District Judge refusing to admit additional evidence in the revision filed before him under S.25 of the Provincial Small Cause Courts Act on the ground that he had no jurisdiction to take evidence in revision.

3. For deciding the point referred, it is necessary to point out the scope of powers conferred by S.25 of the Provincial Small Cause Courts Act. The provincial Small Cause Courts Act had been enacted in 1887 with a view to obtain speedy and cheap justice, and early decision in small causes. Section 5 of that Act conferred power on the State Government to establish Courts of Small Causes at any place within the territories under its administration. In deciding a suit, the Small Cause Court is required by Section 17 of the Act to follow the procedure prescribed in the Civil P.C. save in so far as otherwise provided by tha