SHEIKH KADIR BAX Vs. SHEIKH ISMAIL MISTRY

JUDGEMENT

(1.) WE are invited in these Rules to set aside the judgment and decree of the Small Cause Court Judge of Sealdah in two suits for rent of land. The learned Vakil for the Petitioner has contended that under Art. 8 of the second Schedule of the Provincial Small Cause Courts Act, the Small Cause Court Judge had no jurisdiction to try these suits. This contention is obviously well founded. In fact from an examination of the plaints it is clear that they were filed before the Munsif, and same officer of the Court appears to have treated the plaints as if they were plaints in Small Cause Court suits. This was a mistake which was overlooked by both the parties. The Court, however, could not have jurisdiction to try these suits merely because no objection was taken by the parties. The result, therefore, is that these Rules must be made absolute, the decree of the Small Cause Court Judge set aside; and the cases sent to the Munsif in order that he may try them as regular suits. The costs of these Rules will abide the result. WE assess the hearing fee at one gold mohur in each case.