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1965 Supreme(All) 104

D.S.MATHUR
Basant Lal and Sons – Appellant
Versus
Surya Kant Pooran Mal – Respondent


Advocates:
Hari Swarup, for Applicant; S.P. Gupta, for Opposite Party.

ORDER :- This is a revision under S. 115, C. P. C. by M/s. Basant Lal Mittal and Sons, plaintiffs, against the order of the Additional District Judge of Agra allowing the revision under S. 25 of the Provincial Small Cause Courts Act of M/s. Surya Kant Pooran Mal and another, defendants, and thereby decreeing the suit for a sum of Rs. 11.41 paisas only. The Judge Small Cause Court had decreed the suit for Rs. 619-9-3 on the ground that the plaintiffs were entitled to recover the sale price as agreed upon. The Additional District Judge took a contrary view holding that the ex-factory price as fixed under the Government Order was applicable and the plaintiffs could not claim sale consideration at that rate. This is why the amount of the decree was reduced to Rs. 11.41 paisas.

2. It was first of all contended on behalf of the plaintiffs that the Additional District Judge had no jurisdiction to hear the revision under S. 25 of the Provincial Small Cause Courts Act and, consequently the order under revision deserves to be set aside and the revision under S. 25 remanded for a fresh hearing by the District Judge. This contention was repelled by me in the case of Maya Ram v. Sant Ram, 1964 A











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