UMAPADA PRAMANIK Vs. KHITISH CHANDRA PRAMANIK

JUDGEMENT

(1.) This is a petition for revision of a decree of a Small Cause Court for Rs. 469 odd passed in favour of the plaintiff.

(2.) It appears that the plaintiff and the defendants and certain others were co-sharers of land which was protected by a bundh. The bundh was breached and it became necessary to repair the damage. The work of repair was done under the supervision of the office staff of the Maharaja of Cossimbazar. That was a matter of convenience as the Maharaja had a staff that could be used to supervise it. The contractor's account came up to Rs. 2000 which the co- sharers bad to discharge in proportion to their shares. It appears that the defendants paid a certain amount but were unable to pay the full amount due from them and at their request the plaintiff paid on their behalf and this suit was brought to recover that payment.

(3.) The only point argued before me is that this is a suit for contribution and therefore falls within Art. 41, Provincial Small Cause Courts Act and is therefore a suit outside the jurisdiction of a Small Cause Court.