HUKAMCHAND MILLS LTD. Vs. DOMINION OF INDIA, REPRESENTING B.B. AND C.I. RAILWAY
LAWS(MPH)-1949-2-2
HIGH COURT OF MADHYA PRADESH
Decided on February 28,1949

HUKAMCHAND MILLS LTD. Appellant
VERSUS
Dominion Of India, Representing B.B. And C.I. Railway Respondents

JUDGEMENT

Mehta, J. - (1.)THE Plaintiff Hukamchand Mills Ltd. sued the Defendant D.B. & C.I. Railway for recovery or Rs. 295 -4 on account of damages on account of shortage in the goods while the goods were in transit and in the custody of B.B. & C.I. Railway.
(2.)THE suit was instituted on 11th June 1948 in the Court of the Munsiff City Indore. The Munsiff City Indore ordered on 28th June 1948 that the Court has no jurisdiction as the suit being for less than Rs. 500 was triable by the Small Cause Court, Indore. The plaint was, therefore, returned to be presented to proper Court.
Thereupon, on 28th June 1948, the Plaintiff presented the plaint in the Small Cause Court, Indore. The Judge, Small Cause Court, held on the interpretation of Notification No. 1567, dated 3rd March 1948 that the Small Cause Court had no jurisdiction to try this suit. He held that there was no mention in the aforesaid notification of the Small Cause Court and that the Munsiff alone had jurisdiction to try the case subject to the pecuniary limits. He also returned the plaint to be presented to the proper Court.

(3.)THE main question for determination is whether the aforesaid Notification No. 1567, dated 3rd March 1948 bars the jurisdiction of the Small Cause Court from trying the suit.


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