M/S. SEUBOX CHIRANJILAL JAIN Vs. PARDESHI RAM TELI
HIGH COURT OF GAUHATI
M/S. Seubox Chiranjilal Jain
Pardeshi Ram Teli
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R.S. Bindra, J. -
(1.) This revision petition raises the question what is the exact interpretation of the term "house" used in Art. 8, Schedule II, of the Small Cause Courts Act, 1887, hereinafter called the Act.
(2.) Messrs Seubox Chiranjilal filed a suit in the Court of the Munsiff (I), Manipur, against Pardeshi Ram for recovery of arrears of rent amounting to Rs. 293.56 in respect of premises situate within the area of Imphal Municipality: The suit was resisted by Pardeshi Ram on the plea that it was barred by Rule 9, Order IX, of the Civil Procedure Code, as a previous suit founded on the same cause of action filed by the plaintiff firm in the Small Cause Court, Manipur, had been dismissed in default. Another objection raised by the defendant was that the suit was exclusively triable by a Court of Small Causes and as such the Munsiff had no jurisdiction to try it.
(3.) The trial Court settled as many as 8 issues between the parties and dealt with issues Nos. 5 and 7 as preliminary issues. Issue No. 5 related to the plea founded on Rule 9 of Order IX, while issue No. 7 covered the plea based on Sec. 16 of the Act. Issue No. 5 was decided against the plaintiffs, while issue No. 7 was found against the defendant. As a consequence of the decision on issue No. 5, the suit was dismissed with costs.;
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