JODHAI RAMDAYAL Vs. BHARAT SUKHDI

JUDGEMENT

(1.) THE defendant has filed this revision under Section 25 of the Provincial Small cause Courts Act against the decree passed by Shri S. N. Awasthy, Small Cause judge, Bemetara.

(2.) THE non-applicant filed the suit for redeeming the pledged ornaments. The plaintiff alleged that he had taken a loan of Rs. 140/- by pledging the ornaments and that he had repaid Rs. 130/- in July 1956. According to him, an amount of Rs. 68/ 10/- was due from him inclusive of interest. The defendant alleged that Rs. 250/- had been advanced, as loan and that no repayment was made. He contended that the redemption amount was Rs. . 250/-in addition to interest. He also raised a plea that the Small Cause Court had no jurisdiction to try the suit. The learned Small Cause Judge decreed the plaintiff's claim for redemption upon payment of Rs. 120/- within 15 days, in default of which the amount was to carry interest at Rs. 6/- per cent per month. Probably the awarding of interest on the amount of Rs. 120/- at an exorbitant rate of Rs. 6/- per cent per month was either a slip or a typing mistake. I hope, such a slip or typing mistake would not be committed in future.

(3.) WE are not concerned with the merits of the case at this stage. The question urged by the learned counsel for the applicant is one of jurisdiction. The learned counsel for the defendant applicant contends that the suit fell within the meaning of a suit for specific performance of a contract and as such was excepted under article 15 of Schedule II of the Small Cause Courts Act from the jurisdiction of the small Cause Court. In support of this proposition, he relied on the case of baburam v. Deputy Commissioner, Hardoi AIR 1921 Oudh 124 1. The non-applicant was not represented in this Court.