P.B.Mukharji, J. - (1.) This Civil Rule raises a very important and interesting question of law about the jurisdiction of the Small Causes Court, under Section 15(1) of the Provincial Small Cause Courts Act read with Article 35(11) of the 2nd schedule under the said Act.
(2.) The plaintiffs-petitioners obtained a Rule in this case which was limited only to the added ground No. 7 which reads as follows: "For that the learned Court below ought to have returned the plaint to the plaintiffs as the suit was not triable by the Small Cause Court Judge, inasmuch as the cause of action reveals a criminal offence." The Rule, therefore, is now being heard on this ground as to why the judgment and decree complained of should not be get aside.
(3.) The plaintiffs brought this suit for the recovery of a sum of Rs. 510/- being the price of certain articles let out on hire and for damages. The plaintiffs who are the petitioners before me are the proprietors of a firm under the name and style of Banga Laxmi Decorators of 132, Raja Subodh Chandra Mallick Road Garia Market. The defendant is the owner of another neighbouring decorating firm under the name and style of Friends Decorators of 144, Raja Subodh Chandra Mallick Road, Garia Market.;