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1935 Supreme(All) 153

NIAMATULLAH
Mt. Muniran – Appellant
Versus
Ali Husain – Respondent


ORDER

Niamatullah, J. - This is an application for revision u/s 115 Civil P.C., and is directed against an order passed by the learned Subordinate Judge of Shahjahanpur. The applicant, in this Court was the plaintiff in a suit for recovery of Rs. 152-8-0, instituted in the Court of the Munsif, who had jurisdiction of a Court of small causes upto Rupees 200. It is not disputed that the suit was cognizable by the Munsif on the Small Cause Court side of his jurisdiction Before any proceedings could be taken, the suit was transferred to a Bench of Honorary Munsifs, where it remained pending untill on the application of the defendant, the District Judge transferred it to the Court of the Additional Munsif, Shahjehanpur, who had no jurisdiction to try cases under the Provincial Small Cause Courts Act. The Munsif tried the suit on the merits and dismissed it. The plaintiff appealed from the Mundif's decree to the Court of the District Judge, Shahjehanpur, who held that no appeal lay, as the Munsif should be deemed to have decided the case as a Judge, Small Cause Court. This view purports to be based on Section 24(4), Civil P.C. The Subordinate Judge dismissed the appeal, holding that none

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