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1957 Supreme(MP) 84

HIDAYATULLAH, DIXIT, A.H.KHAN
Bhaskarrao – Appellant
Versus
Lilavatibai – Respondent


Advocates Appeared:
Amicus Curiae, Bhagwandas Gupta, MOTILAL GUPTA, Shivdayal,

JUDGMENT :

( 1. ) THIS case is a curious one. It comes before this Court at the instance of a decree-holder who, anticipating an objection to his decree on the ground of Jurisdiction, is requesting the Court to set aside the decree and to remit the case for decision to the Court with Jurisdiction.

( 2. ) THE facts of the case are somewhat similar to those in Small Cause Revision No. 5 of 1955 which we decided by a separate order today. In the Year 1949 an Ordinance was passed which created Small Cause Jurisdiction up to a limit of Rs. 500 in the Madhya Bharat. The suit out of which this revision arises was filed prior to the promulgation of this Ordinance and was for recovery of rent, the claim being placed at Rs. 338. It was filed in the Court of Civil Judge, Lashkar, because the Small Cause Jurisdiction was limited to Rs. 200, but on the passing of the Ordinance, the Judge transferred it to the Court of Small Causes, Gwalior, for disposal. The Judge, Small Causes passed a decree in the case, and it is this decree which the present applicant seeks to Set declared a nullity and requests that the case be returned to the Sub-Judge (now Civil Judge, First Class), Gwalior for disposal.

(



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