HELALUDDI MOLLA ALIAS ELAI MOLLA Vs. ABDUL GAFUR

JUDGEMENT

(1.) THIS Rule must be made absolute. It is quite clear from the cause of action as given in the proceedings of the Court that the suit is of a nature mentioned in Article 35 (ii) of Schedule II of the Provincial Small Cause Courts Act. A suit of that nature is excluded from the cognizance of the Small Cause Court. The Rule must, therefore, be made absolute. We make no order as to costs, as the opposite party has not entered appearance.