RAVINDER NATH Vs. JAGDISH

JUDGEMENT

(1.) THE above named three Revision Applications relate to a common dispute and, therefore, the same, with the consent of the learned counsel for the parties, are being decided by a common judgment. It may be mentioned that Civil Revision No. 612 of 1985 Ravindra Nath v. Jagdish, was titled as under Section 115 of the Civil Procedure Code; but, later on an amendment was made showing it to be under Section 25 of the Small Cause Courts Act. I have perused the certified true copy of the impugned judgment dated August 23, 1985 and find that it has not been given proper title. It nowhere, shows that the case was heard and decided by Judge, Small Cause, in accordance with the provisions of the Provincial Small Cause Courts Act. To the contrary it gives rise to an impression as if it was decided as a suit by the learned II Addl. District Judge, Varanasi, sitting on the regular side. The fact, however, was that it was decided by him as a small cause suit.

(2.) THE learned lower Court in the aforesaid suit No. 17 of 1980 had passed the following order: -

(3.) THE plaintiff also partly felt aggrieved from the impugned judgment and preferred Civil (Small Cause) Revision No. 683 of 1985 praying this Court to allow the revision, modify the judgment and decree of the trial court and decree the suit of the plaintiff into with costs throughout.