BAPU SURYABHAN Vs. KISAN

JUDGEMENT

(1.) 1. This is suit for compensation for damage done to plaintiff's property by the wrongful act of the defendant of digging a pit close by and letting water accumulate there. It is said that the plaintiffs' wall got damp with moisture and fell down. Hence the plaintiffs claimed compensation by way of reimbursement of the expenses they are likely to suffer in re-erecting them. The plaint in this suit was originally presented to the Court of Small Causes but that Court returned it for presentation to the ordinary civil Court on the ground that it involved a question of title. The Small Causes Court thus exercised the discretion what the law gave it under Section 23 Provincial Small Causes Courts Act. That order has become final as between the parties.

(2.) THE plaint was thus entertained by the ordinary civil Court to which it was presented in due course. The first Court decreed the claim to the extent of Rs. 10. The decision was appealed against by the defendant but his appeal was unsuccessful. He has therefore come up on 2nd appeal.

(3.) I am asked to treat the 2nd appeal as revision. The memorandum was filed on the 75th day and ordinarily this Court does not entertain civil revisions presented after the 45th day. I do not see any valid reason to admit this as a civil revision especially as the result thereof would be an affirmance of the decree of the lower appellate Court. The appeal fails and is dismissed with costs.