JUDGMENT

Bajpai, J. - This is a plaintiff's appeal arising out of a suit brought by him for the recovery of a sum of money less than Rs. 500. The suit was decreed by the trial Court but was dismissed by the lower appellate Court. There is therefore a preliminary objection that no second appeal lies because the suit was of a nature cognizable by a Court of small causes. The contention of the learned advocate for the plaintiff-appellant, however is that the suit ought to have lain in a Small Cause Court and the entire proceedings are vitiated and the proper order that I should pass in the present case is to return the plaint for presentation to the proper Court.

2. In order to appreciate the contention of the appellant and the preliminary, objection of the respondent it is necessary to state a few facts. The suit was filed in the Court of the Honorary Munsif at Shamshabad which Court had jurisdiction to entertain the suit. It is contended by the plaintiff that although he filed this suit in the Court of the Honorary Munsif at Shamshabad he should have filed it in the Court of small causes at Farrukhabad. He has not been able to support his contention by a reference to any enactment or