SITAL PRASAD Vs. DUKKHI LAL

JUDGEMENT

(1.) This is a second appeal arising out of a suit for recovery of possession of certain ornaments and jewellery which were valued at Rs. 280. The Courts below have decreed the claim.

(2.) Defendants Nos. 1, 2 and 4 have come up in second appeal and on their behalf the main point that is taken is that the suit was instituted in the wrong Court. It is their contention that the suit was of a nature cognisable by a Court of Small Causes and that, therefore, the Munsif in whose Court the suit was instituted had no jurisdiction to try it. If this contention were to prevail there would be the initial difficulty in the way of the appellants that no second appeal would lie. Under Section 102 of the Civil P. C. no second appeal lies in any suit of the nature cognisable by Courts of Small Causes when the amount or value of the subject-matter of the original suit does not exceed five hundred rupees. Therefore on the appellant's own showing no second appeal would lie and this appeal must be dismissed.

(3.) The learned Vakil for the appellants has, therefore, been forced to ask this Court to convert this second appeal into an application in revision and to exercise its powers on the revisional side. If a clear case of the absence of jurisdiction had been made out, I would have willingly treated this as a revision. The present, however, is not such a case.