MANMATHA NATH CHATTERJEE Vs. KSHETRA NATH CHATTERJEE

JUDGEMENT

(1.) This Rule was issued at the instance of the defendant, calling upon the opposite party to show cause why the judgment and decree made by the Appellate Court should not be set aside as made without jurisdiction.

(2.) The suit was one to recover a sum of Rs. 251 anna alleged to be due to the plaintiff as his share in money decreed to the plaintiff and defendant jointly, the plaintiff alleging that the defendant had realized the money and not paid him his share. The defence was that the money had been paid. The Munsif tried the suit under the regular procedure and dismissed it with costs.

(3.) It is quite clear on the facts that this ought to have been tried as a Small Cause Court suit. The Munsif who tried the case was invested with Small Cause Court powers.