KINDAN LAL Vs. UGGAR SINGH

JUDGEMENT

(1.) THIS is an application for revision against a decree passed by the learned Small Cause Court Judge, Hissar, decreeing a sum of Rs. 250 in favour of the Plaintiff.

(2.) THE Plaintiff brought a suit for recovery of Rs. 250 as rent for vacant land leased out to the Defendant. An objection was taken to the jurisdiction of the Court, but the ground taken was that the suit was triable only by a revenue Court. That point was found against the Defendant and a revision has now been brought to this Court. Here the objection taken is that under Schedule II, Article 8, Provincial Small Cause Courts Act, such a suit is not triable by a Small Cause Court. Article 8 is as follows:

(3.) I also direct that this suit be sent back for trial to the learned Senior Subordinate Judge, Hissar, to try it himself or to send it to such other Subordinate Judge that he nominates for the purpose. The parties have been directed to appear before the learned Senior Subordinate Judge on 6 -11 -1950.