SUBRAYA ACHARYA Vs. KESAVA UPADHAYA

JUDGEMENT

(1.) IN this case the petitioner takes the objection that the Small Cause Court had no jurisdiction. The suit was one by a hereditary archaka of a temple to recover from the defendant, the trustee, an amount which was alleged to be due to the plaintiff as the dues of his office, which he says is a hereditary office. The defendant admitted that the plaintiff was entitled to the sum which he sued for, but claimed to make a reduction of Rs. 4 on account of a fine which he said he had imposed on the plaintiff. The lower Court found that this fine was not proved to have been properly imposed on the plaintiff. I am obliged to allow the objection taken here, that the suit was one which a Small Cause Court had no jurisdiction to try. Article 13 of the second Schedule to the Provincial Small Cause Courts Act includes a case of this kind. I, therefore, reverse the decree of the lower Court to the extent of Rs. 4; but inasmuch as this objection was not taken in the first Court, I give petitioner no costs either here or in the lower Court.