DULAL CHANDRA DEB Vs. RAM NARAIN DEB

JUDGEMENT

(1.) The petitioner instituted a suit for the recovery of money due on a note of hand in the Court of Babu Jadav Chandra Bhattacharyya, Munsif of the 1 Court, Maulvi Bazar. That officer was invested with the powers of a Court of Small Causes fur the trial of suits cognisable by a Court of that description of values exceeding the value of the suit instituted by the petitioner. The suit was tried ex-pat to by the Munsif under his powers as a Court of Small Causes, and was decreed. That officer was then iransferred. His successor in office, Babu Saroda Kinkar Mookerjee, who was invented with similar powers as a Court of Small Causes, granted an application which was made to him by the defendant for a rehearing of: the suit, but he left the district on transfer before rehearing it.

(2.) Babu Jamini Kanta Mookerjee, a Munsif of the 4 or probationary grade, succeeded him as Munsif of the 1 Court, Maulvi Bazar, and in duo course proceeded to try the cases pending in that Court, over which by his appointment he had been given jurisdiction. Not having been invested with the powers of a Court of Small Causes, he was unable to exercise the jurisdiction of such a Court in respect of the cases of the Small Cause Court class which had been instituted before or were pending in the Court of his predecessor as a Court vested with a limited jurisdiction as a Court of Small Causes. Apparently he reported to the District Judge the fact that these cases were on the file of the Court to which he had succeeded on appointment, and requested the order of the Judge as to the manner in which he was to deal with them. From the order sheet of the present suit it appears that the District Judge ordered the Munsif to try the case under his ordinary powers as a Munsif.

(3.) Thereupon the Munsif tried the suit as an ordinary civil suit, and gave the plaintiff a decree on the 27 April 1903. An appeal was preferred against his judgment and decree, and on the 2 February, 1904 the Subordinate Judge, 2nd Court, Sylnet, decreed the appeal, and dismissed the plaintiff's suit. The judgment was written by Babu Kali Prosanna Bose Chowdhry, Subordinate Judge, who died before pronouncing it. The judgment was pronounced on the 2 February, 1904 by his successor in office under the provisions of Section 199 of the Civil P. C.. The latter officer subsequently refused an application for review, and the petitioner applied to this Court and obtained a Rule on the 9 May 1904.