HAKIM MUHAMMAD ASHRUFF HUSSAIN SAHEB Vs. SYED MUHAMMAD ALI SAHEB
LAWS(PVC)-1901-4-26
PRIVY COUNCIL
Decided on April 25,1901

HAKIM MUHAMMAD ASHRUFF HUSSAIN SAHEB Appellant
VERSUS
SYED MUHAMMAD ALI SAHEB Respondents

JUDGEMENT

- (1.) Of the several causes of action alleged in the plaint the only one which could possibly be excluded from the jurisdiction of the Small Cause Court would be the claim in respect of damages for breach of promise of marriage.
(2.) But the contract here alleged is a contract between the parent of the girl intended to be married and the intended bridegroom. The suit is not a suit for breach of promise of marriage within the meaning of Art. (q) of Section 19 of the Presidency Small Cause Courts Act, for the phrase there used must clearly have referred to the action for breach of promise of marriage as understood in English law. Seeing that the City Civil Court had no jurisdiction, we must set aside the decree and direct the return of the plaint.
(3.) We make no order as to costs.;


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