POONAMCHAND Vs. RAMPRASAD

JUDGEMENT

(1.) THIS revision petition has come up before us on a reference made by Singh J. before whom it first came up for hearing. The questions which the learned single Judge has referred to us for decision are:-

(2.) THE material facts are that the non-applicant No. 1 Ramprasad instituted a suit in the Court of the Civil Judge, Second Class, Mhow, for recovery of Rs. 700 from the petitioner and the other non-applicant. THE suit was tried on the regular side and decreed. That decree was confirmed in appeal by the Second Additional District Judge, Indore. At the time of the institution of the suit, there existed a Court of Small Causes having jurisdiction to try the suit as a small cause suit, namely, the Court of the Second Additional District Judge, Indore. THE suit was tried as an ordinary suit by the Civil Judge, Second Class, Mhow, without any objection being raised by the petitioner as to the jurisdiction of that Court to try the suit. This revision petition is directed against the decision in appeal of the Additional District Judge, Indore.

(3.) THE reference is answered accordingly. S. B. Sen J.-I agree. [This case then came for hearing before S. P. Bhargava J. who passed the following order.] ORDER S. P. bhargava J.-THE reference made to a Division Bench by the learned single Judge in this case on 30-1-1968 has been answered by the Division Bench on 3-4-1968. THE Division Bench has expressed the opinion that the decree passed by the Civil Judge, Class II, Mhow after trying the suit on the regular side, is without jurisdiction and a nullity as at the time of the institution of the suit there existed another Court, namely, the Court of the Second Additional District Judge, Indore, which was competent to exercise small cause powers and jurisdiction within the same local limits. THE said decree which was confirmed on appeal by the Second Additional District Judge, Indore, on 25-6-1966, has therefore to be set aside and in view of the opinion expressed by the Division Bench, I direct that the plaint shall be returned to the plaintiff for presentation to the proper Court under Order 7, rule 10, Civil Procedure Code. THE decree which was passed by the Civil Judge Class II, Mhow, on 19-9-1964 and which was confirmed by the Second Additional District Judge, Indore, on 25-6-1966 is set aside. THEre shall be no order as to costs. Plaint returned for presentation to proper Court.