( 1 ) THE question which has been referred to the Full Bench for decision is whether the decisions of a Division Bench of this Court reported in Jagannath v. Harisingh, 1968 Jab LJ 566 = (AIR 1969 Madh Pra 56) and Poonamchand v. Ramprasad, 1968 Jab LJ 583 = (AIR 1969 Madh Pra 44) laid down the correct law. According to the aforesaid decisions, where a suit of a small cause nature is instituted and tried as a regular suit in contravention of the provisions of Section 16 of the Provincial small Cause Courts Act, the judgment so rendered In it is one which is without jurisdiction and nullity.

( 2 ) THE facts giving rise to the reference may shortly be stated as follows! the plaintiff-appellant Tikaram, on 6-5-1965, filed a civil suit in -the court of Civil Judge, Class II, Narsimhapur, inter alia, for the recovery of rs. 303. 45 alleged to be due on account of the balance of unpaid consideration in respect of the sale of the plaintiff's Khasra No. 125, area 9. 90 acres, situate in mouza Ramniwari, to the defendant. The plaintiff had alleged-

(a) that he had, on 4-6-1960, sold the aforesaid Khasra number to the defendant for a consideration of Rs. 3,437/- and executed a registe