(1.) This case has been referred to-a Division Bench by a learned Judge of this Court in view of the importance of the subject and a certain amount of conflict of opinion.
(2.) The plaintiffs instituted a suit for recovery of Rs. 182, principal and interest in the Court of the Munsif of Bansi who was invested with Small Cause Court powers. After be was transferred from the district another Munsif took over charge who was not invested with such powers. There was an additional Subordinate Judge at Bansi at that time who was invested with Small Cause Court powers. The additional District Judge on 1 July 1928 directed the new Munsif to transfer all the cases pending on the Small Cause Court side of the Munsif's Court to the regular side. His order was in the following terms: The Small Cause Court cases pending in the Court of the Munsif of Bansi will be tried by the present incumbent of the office as regular suits as he has not got the Small Cause Court powers. The attention of the said learned Munsif be drawn to Section 35, Small Cause Courts Act and these cases should be dealt with as provided by the Small Cause Courts Act.
(3.) In pursuance of this order the Munsif transferred this particular case from the Small Cause Court side to the regular side and decreed the claim. An appeal was preferred to the District Judge by the defendants, but he transferred the appeal to the Subordinate Judge for disposal. The learned Subordinate Judge-declined to entertain the appeal on the ground that no appeal lay to him.