NAZAR MOHAMMAD Vs. PUSHPA DEVI

JUDGEMENT

(1.) Heard Sri Vishnu Gupta, learned counsel for the petitioners and Sri Swapnil Kumar, Advocate for respondents no. 1, 2 and 3.

(2.) This writ petition is directed against the judgment dated 24.11.2006 passed by Additional District Judge, court No. 1, Etah, allowing SCC Revision No. 13 of 2003 and while setting aside Trial Court's judgment dated 29.08.2005 passed in SCC Suit No. 34 of 1993, it has directed the Trial Court to decide suit on merits.

(3.) The Trial Court by its judgment dated 29.08.2005 has returned plaint by holding that it is a title dispute and, therefore, under Section 23 of Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the "Act, 1887"), the plaint is to be returned to plaintiff so as to be lodged in regular court but this order has been set aside by Revisional Court holding that there was no such dispute of title which would have deprived jurisdiction of Small Cause Court from deciding matter and the Small Cause Court should have proceeded with the matter on merits to decide the same.