DHARANI MOHUN ROY Vs. PRAFULLA KUMAR MITRA

JUDGEMENT

(1.) The plaintiff-petitioner had filed a suit in the Presidency Small Cause Court against the defendant who was a bustee sarkar under the former for realising rents and depositing the same with the plaintiff. It was alleged in the plaint that the defendant had not deposited the amounts realised by him in respect of various bills and in particular, in respect of 20 bills which had been realised by the defendant, but had not been duly credited in the office of the plaintiff. The plaintiff estimated that the total amount so misappropriated was Rs. 1170/3/. Giving up portions of the claim, Rs. 500/- only was claimed. The defendant denied his liability and the various allegations made in the plaint. He, on the other hand, alleged that arrears of salaries were due to the defendant, and the latter was also entitled to compensation for wrongful dismissal. The learned Judge, however, returned the plaint for presentation to the proper Court, as in his view, the claim in suit fell within the exception provided in Section 19 (p) of the Presidency Small Cause Courts Act (XV (15) of 1882). He deemed it to be a suit for accounts.

(2.) Against this order, the plaintiff moved an. application under Section 38 of the Presidency Small Cause Courts Act. At the hearing of this application, it was held that no final order having been made disposing of the suit, the rehearing petition was not maintainable in law. ?

(3.) Two points have been urged before us on behalf of the plaintiff-petitioner. In the first place, it is contended that Section 19 (p) of the Presidency Small Cause Courts Act is no bar to the entertaining of a suit of the nature as disclosed in the plaint. Secondly, the decision by the Court of Small Causes that Section 38 of the Presidency Small Cause Courts Act was not attracted is also erroneous.