RAMKRISHNA SITARAM Vs. HAJI DAWOOD ISMAIL

JUDGEMENT

(1.) The question arising on this rule is whether the Small Cause Court can take action under Section 38 of the Presidency Small Cause Act, 1882, in reference to an order passed in a proceeding under Chapter VII of that Act. Section 38 defines the condition on which the Small Cause Court has jurisdiction: it is "where a suit has been contested, " and according to the explanation to the section " every suit shall be deemed to be contested in which the decree is made otherwise than by consent of or in default of appearance by the defendant."

(2.) In this ease the Full Court has held that the condition has not been satisfied and this is in accordance with the view that has prevailed in that Court for the last two or three years.

(3.) Throughout the Act a distinction is drawn between a suit and a proceeding (see e. g. Secs.14, 69, 71, 72, 73, 74 and 76) and the language of the explanation to Section 14, added by Act 1 of 1895, Section 6, assumes that a proceeding under Chapter VII is not a suit, except so far as thereby expressly provided.