NARAIN CHANDRA GORAIN Vs. AMULYADHAN BANERJEE AND ANOTHER

JUDGEMENT

(1.) This civil division petition is against an order dated 25th January, 1986. By the impugned order the Court rejected an application filed by the petitioner under Order 9 Rule 13 of the Code of Civil Procedure (hereinafter to be referred to as 'the Code') on the ground that it is not maintainable. The court was of opinion that in view of Sec. 14(1) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, (hereinafter to be referred to as 'the Act') a civil revision will lie against a final order passed under Sec. 14(8) of the Act.

(2.) Learned Counsel for the petitioner contends that in view of Sec. 14 (7) of the Act the procedure as laid down under the Provincial Small Cause Courts Act (hereinafter to be referred to as the Small Courts Act) because that Act will be applicable, to the trial of eviction case falling under Sec. 11(1) (c) and (e) of the Act.

(3.) It is also relevant to quote Sec. 17 of the Small Courts Act, which runs as follows: - -