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Showing contexts for: bbc act in Akhilesh Prasad Sharma vs Anil Kumar Sah & Ors on 1 September, 2009Matching Fragments
8. Section 23 of the Provincial Small Cause Courts Act, 1887 clearly shows that when the right of a plaintiff and the relief claimed by him in a court of Small Causes depend upon the proof or disproof of a title to immoveable property or other title which such a court cannot finally determine, the court may at any stage of the proceedings return the plaint to be presented to a court having jurisdiction to determine the title. Here in the instant case, the plaintiffs have not sought any relief regarding declaration of their right and title and hence there was no occasion for the court to refuse final decision in the eviction suit. In the said circumstance, the impugned order of the learned court below is not at all violative of either of provisions of section 14 of the BBC Act or section 24 of the Small Cause Courts Act and even of the case law decided by a Single Bench (Ranchi) of this Court mentioned above.