Madras High Court
Innassi Muthu Pillai And Thomas Pillai ... vs Savuthia Pillai on 9 September, 1902
Equivalent citations: (1903)13MLJ136
JUDGMENT
1. This suit was not cognizable by a Court of Small Causes as we take it that the ruling of the Full Bench in Savarimuthu v. Aithirusu Rowther I.L.R. 25 M. 103 when read with the order of reference therein applies to all suits for the recovery of mesne profits.
2. We set aside the decree and direct the District Judge in whose jurisdiction the case now is, to return the plaint for presentation to the proper Court. The parties will bear their own costs hitherto incurred including the costs of the petitioners.