RAJAMMAL Vs. NARAYANASAMY NAICKER AND PONNUSAMY

JUDGEMENT

(1.) WE think that this suit is not excluded from the jurisdiction of the Small Cause Court under Section 19 (s) of the Presidency Small Cause Courts Act as a suit for a declaratory decree. Their Lordships of the Judicial Committee have recently pointed out in Phul Kumari v. Ghanshyam Misra (1907) I.L.R. 35 Cal. 205 that the statutory suit to establish his right given to the unsuccessful party in claim proceedings under the Code involves in every case a prayer for the setting aside of a summary order of a Civil Court. This being so, such a suit cannot in our opinion be regarded as a suit for a mere declaration. The Small Cause Court Rules reproduce the provisions of the Code as to claim petitions, and cases under them must be governed by the same considerations. WE may further observe that our decision is in accordance with the well established practice under which suits of this nature arising out of orders made by the Presidency Small Cause Court have always been brought in that Court and not in the High Court or the City Civil Court.