Allahabad High Court
Ram Nath vs Sekhdar Singh on 2 July, 1917
Equivalent citations: 45IND. CAS.323, AIR 1918 ALLAHABAD 210
JUDGMENT Piggott, J.
1. 1. This was a suit for money in a Court of Small Causes. That Court has refused to entertain it on the ground that it is not cognizable by that Court, being a suit for rent. It presumably refers to paragraph (8) of the Second Schedule to the Provincial Small Causes Courts Act, IX of 1887. If it were a suit for rent at all it, would be cognizable by a Revenue Court under the provisions of the Tenancy Act, and the Revenue Court has already refused to entertain a claim for this money, though the defendant is not to blame for this. On the plaint as drafted the claim is for damages for breach of a contract. I set aside the order of the Court below and direct the Court to re-admit the suit on to its file of pending cases and to dispose of it according to law. Costs here and hitherto will abide the event.