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1 - 2 of 2 (0.23 seconds)Shamsunder Saha And Ors. vs Anath Bandhu Saha And Ors. on 18 March, 1910
The question is one which does not appear to have been discussed on many occasions; but in the case of Shamsunder Saha v. Anath Bandhu Saha 6 Ind. Cas. 97 : 37 C. 574 : 14 C. W. N. 662 reference is made to this point and it appears to me that the proper interpretation to be put upon the judgment delivered by the late Chief Justice is that he held in that case that [he transfer of the decree to the Munsif direct was perfectly good under Section 31 (b) of the Presidency Small Cause Courts Act and that the incompetency of the Munsif in that case sprang solely from the fact that his pecuniary jurisdiction was not large enough to cover the decree sent to him. On the authority of this ruling as also upon what appears to be the plain meaning of Section 31 (b), I think that the objection is not tenable. I must add that the learned Vakil has expressly withdrawn the argument that the Munsif had not territorial jurisdiction to deal with the decree. I am of opinion that the appeal should be dismissed with costs. I assess the hearing fee at two gold mohurs.
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