MANDIR SHRI DEOTA JAKH Vs. SHESHI RAM
LAWS(HPH)-1954-7-2
HIGH COURT OF HIMACHAL PRADESH
Decided on July 28,1954

MANDIR SHRI DEOTA JAKH Appellant
VERSUS
SHESHI RAM Respondents

JUDGEMENT

Ramabhadran, J. - (1.) This revision petition arises out of a money suit for the recovery of Rs. 360/-. The Subordinate Judge of Rohru decreed the suit. In appeal, the learned District Judge of Mahasu set aside the decree of the Subordinate Judge and dismissed the suit. Hence this revision petition and the prayer made herein is that the decree of the District Judge be set aside.
(2.) Under the proviso (ii) paragraph 35 of the Himachal Pradesh, (Courts) Order no revision petition, as contemplated in paragraph 35 (1) (b), can be admitted in a Small Cause Suit under the value of Rs. 1000/-. The expression 'Small Cause Suit' has been denned in paragraph 2 (v) of the Order as a suit of the nature cognizable by a Court of Small Causes under the Provincial Small Cause Courts Act. The present suit, obviously, comes within that definition. Its valuation was less than Rs. 1000/- and, therefore, in view of proviso (ii) to paragraph 35 the revision petition is incompetent.
(3.) Learned Counsel argued that even if paragraph 35 (1) (b) is not applicable, this may be treated as an application under paragraph 35 (1) (a).;


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