JUDGMENT

1. This appeal arises out of a suit brought by one Chokey Bharti on the following allegations:

(1) that he was the manager of a certain temple;

(2) that on the 11th of June 1916, the Dasehra, day a considerable sum of money and offerings had been given to him by worshippers and pilgrims;

(3) that the defendants broke into the temple and forcibly carried away with them money and grain of the total value of Rs. 300, and he prayed to recover this amount.

2. On the face of it this is clearly a suit cognizable by a Court of Small Causes. Both the Courts below have dismissed the plaintiff's suit. They have disbelieved the story of the foraible removal of the money and have found that the defendants have only taken what was due to them. On second appeal a preliminary objection has been taken on the ground that the suit being one cognizable by a Court of Small Causes and the value of the appeal being below Rs. 500, no second appeal lies. In our opinion this preliminary objection must succeed. The suit as brought was clearly to recover a sum of money forcibly taken out of the possession of the plaintiff by the defendants. It is argued that Article 13 of the 2nd Schedule of the Small Cau