- (1.) THIS Is a plaintiffs' revi sion under Section 115. C-P.C. arising out of a suit instituted by Rai Ranjeet Singh, his son Surya Nath Singh and the letter's minor sons Ashok Kumar and Pradeep Kumar, for the recovery of the amount advanced to the defen dant Bind Bahadur Singh, under a pro-note and receipt dated September 14, 1965. executed by the defendant in favour of Rai Ranjeet Singh alone. The amount claimed in the suit included Rs. 225.00 towards principal and Rs. 67.00by way of interest. The plaintiffs' case was that Rai Ranjeet Singh was the Karta of the joint Hindu family which included his sons and grandsons and be cause the two grandsons were minors, the suit was not cognizable by the Nyaya Panchayat and hence was instituted in the Court of the Judge Small Cause, Jaunpur.
(2.) THE Judge Small Cause Court repelled the contention that the suit was within the exclusive jurisdiction of the Nyaya Panchayat and accepting the plaintiffs' case, decreed the suit In full though clarified that the decree shall not be capable of execution unless ap plied for by plaintiff No.1 alone or along with the other plaintiffs. Thereafter the defendant pre ferred a revision before the District Judge which was allowed on the ground that the minor plaintiffs had been im pleaded to oust the jurisdiction of the Nyaya Panchayat The learned District Judge treated this as a fraud played on the Court and. therefore, instead of returning the plaint for presentation to a proper court, dismissed the suit with costs.
(3.) SECTION 78 of the Negotiable Instruments Act 1881, lays down to whom payment shall be made. The present is not a case where the amount of the pronote was payable to the bearer, nor was the pronote endorsed in blank. Consequently, tile pronote could not stand discharged unless the payment was made to the holder thereof, i.e. to Rai Ranjeet Singh, plaintiff No. 1.;