CHANDABAI Vs. MEHMOOD KHAN ABDUL HAMID KHAN

JUDGEMENT

(1.) This second appeal is directed against judgment and order dated 10.9.2013, passed by the learned Ad-hoc District Judge-2, Nagpur, in Regular Civil Appeal No.43 of 2010, whereby the appeal was dismissed, which arose from judgment and order dated 21.11.2009, passed by the learned Additional Judge, Small Causes Court, Nagpur, in Regular Civil Suit No.44 of 2004, whereby the suit was partly decreed with costs.

(2.) This second appeal was admitted on 19.12.2013, by my learned brother Judge Shri S.B.Shukre, on the following substantial questions of law, thus:

(3.) According to learned Counsel appearing for appellants in view of the provisions of The Provincial Small Cause Courts Act, 1887 (for short, "the said Act"), considering Section 15 of the said Act relating to cognizance of suits by the Small Causes Court, though the objection to the jurisdiction of the Small Causes Court was taken in the trial Court that the Small Causes Court had no jurisdiction at all to try and decide the suit, the said Court proceeded further to entertain and decide the suit without considering the preliminary objection taken as to jurisdiction of the Small Causes Court.