NYAJMOHOMAD KHAN Vs. BABULAL

JUDGEMENT

(1.) STAPLES , A.J.C. 1. The Judge of the Small Cause Court Darwha, after hearing the-case and taking evidence returned the plaint to the plaintiff for presentation to the proper Court instead of delivering judgment. The procedure, in any case, seems to be incorrect, and further the order returning the plaint is, in my opinion, wrong. The suit was brought for a money claim, and not for compensation on account of any offence or wrongful act. It is true that there was an allegation in the plaint that the defendant had got a wrong figure inserted in the acknowledgment, but that was only made a ground for bringing the suit tin previous account and not on the subsequent acknowledgment. No compensation or damages of any kind were claimed for the wrongful act of the defendant, and only the amount due on the original transaction was claimed. The view taken by the lower Court, that the case fell under Article 35 (ii) of the Small Cause Courts Act, is clearly mistaken and cannot be upheld. The order of the lower Court returning the plaint for presentation to the proper Court is therefore set aside and instead the Small Cause Court is directed to take back the case on its own file and to dispose of it according to law. Costs of this application will be borne by the non-applicant; but as he did not appear and contest the case I fix pleader's fees at Rs; 10 only.