SMT. SEEMA YADAV Vs. GAYATRI KUMAR

JUDGEMENT

(1.) Heard Sri A.K. Mishra and Sri N.D. Shukla, learned counsels for the review applicant (plaintiff-respondent) and Sri Mohan Yadav, counsel for the opposite parties (defendant-revisionists).

(2.) This review application has been filed by review-applicant praying for review of the judgment and order dated 24.04.2008 passed by this Court and decide the civil revision aforesaid afresh.

(3.) Learned counsel for the review-applicants has submitted that this Court has considered Section 15 of the Provincial Small Causes Act, 1887 which provides for the cognizance of suits by court of small causes and the valuation of the suits to be cognizable by the same but has not considered Section 25 of Bengal, Agra, Assam Civil Courts Act, 1887 which confers jurisdiction of trial of all suits (irrespective of their value), by a lessor for eviction of a lessee from a building after determination of his lease, etc. He has submitted that in the present case the decree was passed by the Special Judge (E.C. Act) / Additional District Judge, Allahabad and, therefore, the jurisdiction of Additional District Judge was unlimited. The finding of the Court that it was limited to Rs. 25,000/- only when the suit was decided was not applicable to the present case since it was not decided by Civil Judge (Junior Division) or Civil Judge (Senior Division) but by Additional District Judge exercising the powers of small cause court.