MATHURAPROSAD RAJGHARIA Vs. BHUSAN CHANDRA DAS

JUDGEMENT

(1.) THE petitioners in this Rule brought the suit in the Court of Small Causes at Sealdah for recovery of a sum of money due on a security bond. THE defendant objected that the suit involved questions of title and should be tried as an ordinary civil suit. THEreupon the plaintiffs made a prayer that the suit should be transferred under Section 23, Provincial Small Cause Courts Act. Accordingly, the learned Munsif who had powers both under the Provincial Small Cause Courts Act and under the ordinary procedure transferred the case to his money file, whereupon the suit was registered as a money suit and it was decreed. THE defendant appealed to the District Judge who reversed the decision of the Munsif and dismissed the suit. Against that order the present rule has been obtained on the ground that the learned District Judge had no jurisdiction to hear the appeal. It is contended that although the suit was tried under the ordinary procedure still as the Munsif had powers of a Small Cause Court Judge his judgment is final within the meaning of Section 27, Provincial Small Cause Courts Act. THE judgment of the District Judge shows that no such objection was taken before him. I am, however, satisfied that the suit was tried after an order of transfer under Section 23, Provincial Small Cause Courts Act. When the suit was transferred under Section 23, ft is triable as an ordinary suit and the decision is open to appeal, although it does not thereby cease to be one cognizable by a Small Cause Court within the meaning of Section 102, Civil P.C. THErefore, although no second appeal would lie, a first appeal would lie to the District Judge. See the cases in Hari Balu V/s. Ganpatrao Sakhuji Rao (1914) 1 A.I.R. Bom. 302; Anhayeswari Debi V/s. Hatu Sheikh (1919) 13 A.I.R. Cal. 83 and Hara Mohan V/s. Sudhanshu Bhusan (1926) 13 A.I.R. Cal. 83. THE ground therefore fails and the rule is discharged.