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1930 Supreme(All) 60

SIR SHAH MUHAMMAD SULAIMAN
Dwarka Das – Appellant
Versus
Pyare Lal – Respondent


Advocates appeared:
S.B.L. Gaur, For the Appellant / Panna Lal, For the Respondent

JUDGMENT

Sir Shah Muhammad Sulaiman, J. - This is an application in revision from an order dated the 18th of May, 1929, passed by the Judge of the court of small causes at Bulandshahr setting aside an ex parte decree. This order was followed by another order of the court below, dated the 22nd of June, 1929, returning the plaint for presentation to the court of the Munsif at Khurja.

2. It appears that at the time when the decree was passed the Subordinate Judge of Bulandshahr had the small cause court powers and passed the decree as the Judge of small cause court of Bulandshahr on the 20th of December, 1926. At that time Khurja was within the jurisdiction of that court. By the time that the application for setting aside the ex parte decree was filed on the 5th of December, 1928, the Judge of small cause court of Bulandshahr ceased to have jurisdiction within the area of Khurja munsifi. He therefore no longer had jurisdiction to try small cause court cases arising in that area. It follows that u/s 35 of the Provincial Small Cause Courts Act, when the court ceased to have jurisdiction in relation to the case, all proceedings in relation to it even after the decree had to be taken in the

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