Kanta Bhatnagar, J. - (1.)A common question has been raised in these two revision petitions for assailing the two orders dated 4/4/84 passed by the learned Judge, Small Causes Court, Jodhpur (learned Civil Judge No. 1. Jodhpur). Both those orders were passed on the application filed by the petitioners on 7/12/82 in the proceedings for recovery of rent by the non-petitioner. As both the orders decide a common question, I propose to dispose them of by a common order.
(2.)Non-petitioners had brought two suits for recovery of rent against the petitioners in the Court of Small Causes Court, Jodhpur. During those proceedings, the petitioner-defendants filed an application under Sec. 23 of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as 'the Act') with the prayer as that the suit involved a question of title to the property for which rent is sought to be recovered and the question of title was the subject- matter of suits pending in other courts, the plaints may be returned to the non- petitioner-plaintiff. The learned Judge, Small Causes Court, Jodhpur by the impugned order dated 4/4/84 rejected the application on the ground that the suits filed in that Court were simple money suits for recovery of rent and no serious question of title was involved therein. The learned Judge also made a reference to the nature of the other suits pending in other courts and held that pendency of those suits would not in any way affect the decision of the suits under consideration before the learned Judge.
(3.)Notices were issued to the non-petitioner at the stage of admission and Mr. Gopal Singh appeared on behalf of the non-petitioner.