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1971 Supreme(All) 40

B.D.GUPTA, HARISWARUP
Bimla Rani Kohli – Appellant
Versus
Bandu Motor Finance Private Ltd. – Respondent


Advocates:
A. Banerji, for Applicant; B.P. Gupta and R.L. Kohli, for Opposite Party.

Judgement

HARI SWARUP, J. :- This matter has come before us as a question referred by a learned Single Judge hearing the civil revision under Section 115, Civil Procedure Code. The question referred is:-

"Is a revision against the judgment and decree of the District Judge passed under Section 25 of the Provincial Small Cause Courts Act maintainable under Section 115 of the Code of Civil Procedure?"

2. The suit giving rise to this revision had been instituted in the court of Judge Small Causes and was decreed by him. A revision was preferred against the decree of the Judge Small Causes and the Additional District Judge partially allowed the revision and modified the decree passed by the trial court.

3. Learned counsel for the opposite party, in support of his preliminary objection, contended, firstly, that the jurisdiction of this Court to entertain the revision is barred by Section 7, Civil P. C; secondly that it is barred by Section 27 of the Provincial Small Cause Courts Act (hereinafter referred to as the Act) and thirdly, that the District Judge, while exercising powers under Section 25 of the Act, does not act as a court subordinate to the High Court within the meaning of Section





























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