Calcutta High Court
Lalu Sardar And Ors. vs Ohedali Mrioha on 11 February, 1918
Equivalent citations: 45IND. CAS.15
JUDGMENT
1. This Rule is directed against a decree made by the Small Cause Court of Barisal The plaintiff brought his suit to recover the value of paddy and his claim has been decreed to the extent of Rs. 15. His allegations in the plaint were tbat this paddy being in his possession the defendant had forcibly, wrongfully and maliciously cut and taken it away. On these allegations it is clear that under the Small Causes Courts Act, Second Schedule, Article 35, Clause (ii), introduced into the Act by the Amending Act VI of 1914, the plaintiff's suit was one not triable by a Court of Small Causes. We, therefore, set aside the decree against which this Rule is directed and return the case to the Small Cause Court Judge in order that he may return the plaint to the plaintiff for presentation in the proper Court.
2. Under all the circumstances we make no order as to costs.