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ALLAHABAD HIGH COURT
Khare, Tripathi, Sinha, JJ
Manzurul Haq v. Hakim Mohsin Al
| Table of Content |
|---|
| 1. whether small causes court decision is res judicata. (Para 1 , 3 , 4 , 6) |
| 2. requirements of s.11, civil procedure code. (Para 7 , 8 , 9) |
| 3. arguments regarding the jurisdiction of small causes court. (Para 10 , 11 , 19 , 40 , 41 , 66 , 68) |
| 4. distinction between exclusive and preferential jurisdiction. (Para 12 , 13 , 20) |
| 5. endorsement of exclusive jurisdiction of small causes court. (Para 30 , 31 , 79) |
| 6. final orders on revisions and implications. (Para 33 , 34 , 81 , 82 , 83) |
1. In this civil revision the only question that requires consideration is whether the decision given by a Court of Small Causes in a suit for arrears of rent will operate as res judicata in a suit filed later in the Court of Munsif for the recovery of arrears of rent for a different period and for ejectment.
2. The Court of Small Causes had no jurisdiction to entertain a suit for ejectment, and therefore, the latter suit had to be filed in the Court of Munsif.
3. The dispute between the parties in the Court of Small Causes was about the rate of rent. The plaintiff was claiming rent at the rate of Rs. 15/- per month, while the defendants' case was that the rate of rent was Rs. 10/- per month on
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