DUKKHI Vs. GHURHU

JUDGEMENT

(1.) THIS is an application in revision from an order of the District Judge of Benares, upholding the order of the Munsif returning the plaint to the applicant for presentation to the Court of Small Causes. It appears that the plaintiff sued in the Court of the Munsif, on the allegation that the defendants had made an excavation next to his (the plaintiff s) wall by which the wall had come down and that the defendants should be made to rebuild the said wall or pay Rs. 200 as damages. The Munsif returned the plaint for presentation to the Court of Small Causes and on appeal his order was affirmed by the District Judge, on the ground that the relief requiring the defendants to re-build the wall could not be granted to the plaintiff. I do not think the order of the learned Judge is correct. The jurisdiction of a Court depends upon the nature of the suit as brought and not upon the character which it would ultimately assume. The relief with regard to requiring the defendants to rebuild the wall in question could not be granted by the Court of Small Causes. I allow the application, set aside the orders of the Courts below and direct the Munsif of Benares to entertain the plaint and proceed with the suit according to law. Costs will abide the result.