SANJAY KUMAR MODI Vs. UDAI RAJ

JUDGEMENT

(1.) Heard learned counsel for the revisionist and Sri Amol Kumar who has put in appearance on behalf of the respondent.

(2.) This revision filed under Section 25 of Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the Act) questions the correctness of the order passed by the Judge, Small Causes in SCC Suit No. 2/2015 on 25.11.2016 whereby the application filed by the revisionist under Section 23 of the Act has been rejected on the ground that the small causes court having jurisdiction to try the suit may even at the stage of evidence, if it is found that the suit involves intricate questions of evidence, may return the plaint to the plaintiff so as to be presented before the competent civil court.

(3.) The admitted position of facts as is revealed from the pleadings of the parties is that regular suit no. 134/2015 was pending between the parties wherein the alleged collusive decree dated 28.4.2014 passed by the competent court in favour of the opposite party is under challenge at the instance of the revisionist. This apart, regular suit no. 163/14 has also been filed for declaration of rights by the revisionist which is pending between the parties.