GOBIND BALKRLSHNA JOSHI Vs. PANDURANG VINAYAK JOSHI

JUDGEMENT

(1.) The action complained of by the plaintiff would be an assault and an offence affecting human body under the Penal Code. It also would be an assault under the English law : see Stephens v. Myers 4 Car & P. 349 : 34 R.R. 811. We think also that it was an injury to the person within (he meaning of Clause 35, Sub-clause (i) of the second Schedule of the Provincial Small Cause Courts Act, and the suit was, therefore, not within the cognizance of the Small Cause Court.

(2.) We set aside the decree of the first class Subordinate Judge and remand the case for trial to him.

(3.) Rule made absolute.