REWASHANKAR HIRACHAND Vs. JAGJIVAN PREMJI

JUDGEMENT

(1.) THIS is a reference under Order 46, rule 7 of the Civil Procedure Code by Shri M.A. Razzaque, District Judge, Jabalpur (as he then was) in Misc. Judicial Case No. 92 of 1959, dated 12 -4 -1960.

(2.) THE present applicant filed a suit for damages for use and occupation in the Small Cause Court on 5 -7 -1957. That was registered as Civil Suit No. 594 of 1957. On 19 -11 -1957 the Small Cause Court returned the plaint for presentation to proper Court, holding that it had no jurisdiction to try the suit.

(3.) THE plaintiff, therefore, moved the District Judge for making a reference to this Court under Order 46, rule 7 of the Civil Procedure Code. The learned District Judge opined that the suit would be triable by a Small Cause Court. Moreover, the learned District Judge stated that under such circumstances where a claim was returned by the Small Cause Court, as also the regular Court, it would be the duty of the District Court to make a reference to the High Court under Order 46, rule 7 of the Civil Procedure Code. The learned District Judge, in his order of reference, has given cogent reasons as to why the reference is being made, as also that the suit is triable by a Small Cause Court. As such, the learned Judge has recommended that the suit should be directed to be tried by the Small Cause Court.