JUDGMENT

Piggott, J. - 1. This is a second appeal by a plaintiff, whose suit to recover from the two defendants, his own brothers, a sum amounting to Rs. 340, after having been decreed by the Court of first instance, has been decreed in part only by the lower Appellate Court. The sum covered by this appeal is Rs. 190. On behalf of the defendants-respondents a peliminary objection was raised to the effect that the cognizance of this appeal is barred by Section 102 of the Code of Civil Procedure. We have to determine whether the suit brought by the plaintiff Ant Ram was or was not one of a nature cognisable by a Court of Small Causes. It was a simple claim for money to an amount falling short of Rs. 500 and therefore fell within the cognizance of a Court of Small Causes, unless excluded by some Article in the Second Schedule of the Provincial Small Causes Courts Act (IX of 1887). There is really one Article alone (Article 41) about which there can ba any substantial argument. Something has been said about Articles 33 and 42, but they are so clearly inapplicable that we need not mention them further. On behalf of the applicant it is contended that the suit in question is a suit for con