MOHAMED HAJI Vs. SAITHU MOHAMED

JUDGEMENT

(1.) It is the common case that the suit is one coming under S.92, Civil Procedure Code and ought to have been instituted in the principal civil court of original jurisdiction, namely, the District Court, Alleppey. But it was in fact instituted in the Sub Court, Alleppey, a court lacking in inherent jurisdiction. The withdrawal now ordered by the District Court under S.24 of the Code cannot cure the initial defect of institution in a court incompetent to entertain the suit, and, any proceeding hereafter, albiet by the District Court, would bo void (see the Privy Council decision in ILR 9 All. p. 191 at