SHAIKH GULAB Vs. LAYANUJI BARI

JUDGEMENT

(1.) THE allegations in the plaint are that the plaintiff and the defendant and three other persons took a joint lease of a field for Rs. 1,000, of which the plaintiff paid the whole on the 10th January 1923; he accordingly instituted the present suit against the defendant for the recovery of the one-fifth share of the money he ought to have paid.

(2.) THE plaint was filed on the 30th of October 1925 in the Court of the Subordinate Judge, and returned to the plaintiff on the 15th February 1926 on the ground that the suit was triable by the Small Cause Court. It was presented to that Court on the 18th February and returned again to the plaintiff on the 10th August, the learned Judge being of opinion that the suit was excluded from the jurisdiction of that Court by Article 41 of the Schedule of the Small Cause Courts Act.

(3.) THE order of the Court of the Subordinate Judge, passed on the 15th February 1926, under which the plaint was returned to the plaintiff, is set aside. The plaint, which has been filed here, will be sent to that Court and accepted by it as filed on the 30th October 1925. No order in respect of the costs of these proceedings is required.