HASSAN KUNJU Vs. ABDULKADIR AHAMMAD

JUDGEMENT

(1.) This petition is directed against the judgment of the Additional Sub-Judge of Alleppey in Small Cause Suit No. 6 of 1958. The suit was instituted on 26-2-1958 and was based on a promissory note for a sum of Rs. 800/- executed by the 1st defendant in favour of the 2nd defendant and endorsed by the latter in favour of the plaintiff. The sole question for determination is whether the Subordinate Judge had jurisdiction to try the suit in view of S.12 of the Kerala Small Cause Court Act, 1957. That Act came into force on 1-8-1957, that is, prior to the date of the institution of the suit.

(2.) Sub-s.(1) of S.12 of the Kerala Small Cause Courts Act, 1957, says:

(3.) We are nit prepared to accept this contention. What we are concerned with is not a Court of Small Causes constituted under the Kerala Small Causes Courts Act, 1957, or a person exercising jurisdiction under that Act in any such court. What we are concerned with is a Subordinate Judge invested with small cause jurisdiction under S.18 of the Kerala Civil Courts Act, 1957, which reads as follows: