CENTURY BANK LTD Vs. M MARLINGAPPA

JUDGEMENT

(1.) These two revision petitions are filed under Section 10 of the Mysore Small Cause Courts Act, against the judgments of the Court of the Small Causes, Bangalore, in S.C. No. 1168/60 and S.C. No. 1739/61.

(2.) The petitioner in these two revision petitions, the Century Bank Ltd., Bangalore, (Under voluntary liquidation) represented by the joint Liquidator, was the plaintiff in both the suits before the lower Court. These two suit were filed for recovery of Rs. 450/- and Rs. 230-09 nP. due from the defendants in those suits respectively towards the amounts borrowed by them from the Bank.

(3.) The defendants in those two suits (who are respondents before this Court) raised a preliminary objection that the Court of Small Causes had no jurisdiction to try the two suits inasmuch as those two suits relate to claims made by a banking company under liquidation. The trial Court tried this question as a preliminary question and held that it had no jurisdiction to try the two suits. It further directed the plaints to be returned to the plaintiff for being presented to the proper Court having jurisdiction. The plaintiff has come up in revision against the said decision of the trial Court.