R C TRUST Vs. RAMCHANDRA J AGARWAL

JUDGEMENT

(1.) Civil Suit No. 3950/1950 filed in the Small Causes Court under the Bombay Rents Hotel and Lodging House Rates Control Act 1947 which will hereinafter be referred to as the Act was decreed ex parte and an application to set aside the ex parte decree was rejected by the Small Causes Court. But an appeal was allowed by the Extra Assistant Judge at Ahmedabad and the ex parte decree was set aside. In revision it is contended that no appeal lay to the appellate Court and this is the only question involved in this revision application. The learned counsel for the opponent contends that although an appeal does not lie under the ordinary provisions of the Provincial Small Cause Courts Act. an appeal would lie in this case as the suit was under a special enactment namely under sec. 28 of the Rent Act.

(2.) Under sec. 7 of the Civil Procedure Code among other things the provisions of sec. 104 C. P. Code are not applicable to Provincial Small Cause Courts Act. Order 43 C. P. Code which provides for orders in which an appeal shall lie under the provisions of sec. 104 C. P. Code therefore does not apply to Provincial Small Cause Courts Act.

(3.) In regard to appeals there is a special provision in sec. 24 of the Provincial Small Cause Courts Act which reads as follows:- Where an order specified in clause (ff) or clause (h) of sub-sec. (1) of sec. 104 of the Code of Civil Procedure 1908 is made by a Court of Small Causes an appeal therefrom shall lie to the District Court on any ground on which an appeal from such order would lie under that section. Clause (ff) of sec. 104 C. P. Code refers to orders under sec 35A C. P. Code. Clause (h) of sec. 104 C. P. Code refers to an order under any of the provisions of the C. P. Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree. Apart from sec. 24 there is no other provision in the Provincial Small Cause Courts Act relating to appeals. Therefore if it was merely an order of the Small Causes Court refusing to set aside an ex parte decree no appeal would lie.