JAGAN NATH Vs. MEHAR SINGH
HIGH COURT OF HIMACHAL PRADESH
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Capoor, J.C. -
(1.) This application in revision is directed against the appellate judgment and decree of the learned District Judge Mahasu, Sirmur, Bilaspur and Kinnaur Districts whereby an appeal preferred by the petitioner against an order of the learned Senior Sub-Judge Sirmur dismissing the suit filed by him was rejected.
(2.) The preliminary question that arises for consideration is as to whether the application in revision is competent.
(3.) The contention advanced on behalf of the petitioner is that the second proviso to para 35 (1) (b) of Himachal Pradesh (Courts) Order 1948, hereinafter to be referred as the Courts Order is in conflict with Section 15 (2) of the Provincial Small Cause Courts Act No. IX of 1887. The relevant portions of those provisions read as below :
"Para 35 (1) of the Courts Order- (1) The Court of Judicial Commissioner may call for the record of any case which has been decided by a Civil Court subordinate to it and in which no appeal lies to it, and Provided that- (ii) No such application shall be admitted in a small cause suit under the value of one thousand rupees or in an unclassed suit ....... two hundred rupees." Section 15 of the Provincial Small Cause Courts Act:
"A Court of Small Causes shall not take cognizance of the suits specified in the second schedule as suits excepted from the cognizance of a Court of Small Causes." (2) Subject to the exceptions specified in that schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature of which the value does not exceed five hundred rupees shall be cognizable by a Court of Small Causes.";
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