BASHIR AHMAD Vs. IST ADDITIONAL DISTRICT JUDGE SAHARANPUR

JUDGEMENT

(1.) R. H. Zaidi, J. By means of this peti tion filed under Article 226 of the Con stitution of India, petitioner prays for is suance of a writ, order or direction in the nature of certiorari quashing the order dated 15-7-1998 whereby the trial Court while dealing with the question of jurisdic tion, decided that the Judge Small Causes Court had the jurisdiction to entertain and decide the suit and the order dated 20-4-2000 whereby the revision filed by the petitioner against the order of the trial Court was dismissed by the revisional Court.

(2.) IT appears that the respondent No. 3 filed a suit for recovery of arrears of rent and damages on the ground of default. The defendant petitioner filed a written state ment and raised a question of jurisdiction to the effect that Judge Small Causes Court had no jurisdiction to decide the suit in as much as in the suit question of title was involved, which could be decided in a regular suit. The trial Court decided the issue relating to jurisdiction. IT was held that Judge Small Causes Court had the jurisdiction to entertain and decide the suit by the judgment and order dated 15-7-1998. Challenging the validity of the order passed by the trial Court, a revision was filed. The Revisional Court also dismissed the revision by its judgment and order dated 20-4-2000. Hence, the present peti tion.

(3.) SECTION 23 of the Provincial Small Causes Court Act, 1887 provides as under: "23. Return of plaints in suits involving questions of title- (1) Notwithstanding anything in the foregoing portion of this Act, when the right of a plaintiff and the relief claimed by him in a Court of Small Causes depend upon the proof or disproof of a title to immovable proper ty or other title which such a Court cannot finally determine, the Court may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine the title. (2) When a Court returns a plaint under sub-section (1), it shall comply with the provisions of the second paragraph of SECTION 57 of the Code of Civil Procedure and make such order with respect to costs as it deems just, and the Court shall, for the purposes of Indian Limitation Act, 1877, be deemed to have been unable to entertain the suit by reason of a cause of a nature like to that of defect of jurisdiction. "