Hon’ble Sudhir Agarwal, J.—This writ petition is directed against the judgment and order dated 12.12.1995 passed by Civil Judge, (Senior Division), Shahjahanpur decreeing landlord-respondent’s suit i.e. SCC Suit No. 13 of 1988 for ejectment of petitioner-tenant from premises in dispute and recovery of rent on the ground of default in payment of rent and Revisional Court’s judgment and order dated 19.1.1998 passed by Additional District Judge, Shahjahanpur, dismissing petitioner-tenant’s S.C.C. Revision No. 9/1996.

2. Learned counsel for petitioner contended that petitioner has disputed the title of plaintiff, therefore, suit was not maintainable before Small Causes Court. The plaint ought to have been returned so as to be presented in regular Court in view of Section 23 of Small Causes Court Act, 1887 (hereinafter referred to as the ‘Act, 1887’). He drew attention of this Court to para 6 of the writ petition, which reads as under :

“6. That the Trial Court also noted the fact that suit was triable as a regular suit and not as a Judge Small Causes Court Suit and proceeded to deal it as regular suit but at the time of judgment he lost sight of this fact and decided the case a