Mt. Lareti vs Hazarilal - 1916 Supreme(All) 454

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1916 Supreme(All) 454

RAFIQUE
Mt. Lareti – Appellant
Versus
Hazarilal – Respondent

JUDGMENT :

1. This is an application in revision from an order of the District Judge of Shahjahanpore setting aside an order of the Munsif on the execution side and remanding the case for trial on the merits. It appears that Hazari Lal, the opposite party, obtained a decree against the applicant Mt. Lareti from the Court of the Subordinate Judge at Farrukhabad in the exercise of its Small Cause Court powers. The decree was transferred to the Court of the Munsif of Shahjahanpore for execution. The decree-holder applied for execution and was met with a plea of limitation. The learned Munsif yielded to the plea. The decree holder preferred an appeal to the District Judge who disagreed with the first Court on the question of limitation and remanded the case for trial on the merits. The applicant before this Court challenges the order of the District Judge on the ground that is was made without jurisdiction. It is contended on her behalf that the Munsif of Shahjahanpore for the purpose of executing the decree in question was acting as a Small Cause Chart Judge and as his order was passed in that capacity, it could not be subject of an appeal to the District Judge.

2. I do not think the co

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