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1925 Supreme(Oudh) 99
HIGH COURT OF OUDH
Simpson, A.J.C.
Shukru - Appellant
Versus
Farzand Ali - Respondent
Decided On : 14-05-1925
JUDGMENT
Simpson, A J C - This is a civil revision. The applicant was plaintiff in the Small Cause Court of Bara Banki. He brought a suit to recover the sum of Rs. 200 as damages because the defendant, being a servant of the thekedar of the village, had prevented him from growing water-nuts in a tank which he had taken on rent for the purpose of growing these nuts. The defendant filed a written statement in which in para. 11, he pointed out that the suit ought to have been brought in the revenue Court. The learned Judge framed an issue on this point, but he also framed the other issues arising in the suit and he decided them all. On the issue of jurisdiction he decided that he had no jurisdiction, nevertheless he proceeded to make a decree dismissing the plaintiff's suit. As plaintiff points out in the present application, the proper course for the learned Judge to adopt was to return the plaint to him for presentation to the proper Court. The defendant, who is present to-day, does not dispute this proposition, but merely claims that he ought not to be saddled with plaintiff's costs seeing that he raised the objection at the proper time. I set aside the judgment and decree of the learned Judge of the Small Cause Court as having been made without jurisdiction in a case which could not be tried in his Court, and I direct him to return the plaint for presentation to the proper Court. There will be no order as to costs.
