Indian Kanoon - Search engine for Indian Law

1. On April, 6, 1973, a suit for recovery of Rs. 320/-paid by the plaintiffs to the defendant Nagar Panchayat on account of various taxes came to be filed in the Court of the learned Civil Judge ( Senior Division ) at Nadiad. At that time the learned Civil Judge Mr. N.D. Gehani was invested with the jurisdiction of a Court of Small Causes for the trial of suits congnizable by such Court unto the extent of Rs. 800/ under Section 28 of the Bombay Civil Courts Act. This is clear from the Yearly Gradation list as on July 1, 1972 and July 1, 1973. This suit was originally instituted as a regular Civil Suit and came to be transferred to the file of the learned Joint Civil Judge (Junior Division), Naiad. Thereafter on December 28, 1974 one Mr. J.K. Thoria, Civil Judge (Junior Division), Naiad framed issues in this suit; and it is admitted on both hands that Mr. Thoria was not invested with the jurisdiction of a Court of Small Causes under Section 28 of the aforesaid Act. On March 18, 1976, plaintiffs' evidence was recorded by Mr. C.T. Pariah who was invested with the aforesaid powers to the extent of Rs. 400/- as can be seen from the Gradation list as on July 1, 1975 and July 1, 1976. This Mr. Pariah tried the suit; and by his judgment and decree dated April 13, 1976 dismissed the same. Against this decree of dismissal an appeal was preferred by the original plaintiffs being Regular Civil Appeal No. 88 of 1976 in the District Court at Naiad. The learned Assistant Judge who heard this appeal allowed it; and gave a decree to the plaintiffs for Rs. 256-87 Ps. with running interest. This decree was given on March 16, 1977. It is against this decree that the original defendant has come to this Court in revision.