NIRMA LIMITED Vs. MURLIDHAR MOHAN

JUDGEMENT

(1.) This Revision Application arises against an order passed under Section 38 of the Presidency Small Cause Courts Act, 1882 (the Act for short) granting N.T. Application No.18 of 2005 instituted by the original defendantrespondent herein who, in pursuant to the notice issued under Order 37 of the Code of Civil Procedure, 1908 (the C.P.C. for short), appeared and sought few adjournments, last of which was rejected by the Trial Court and a decree came to be passed, and therefore, invoked the jurisdiction of the Small Cause Court under Section 38 of the Act claiming new trial of the suit.

(2.) The Small Causes Court, after examining the whole case on merits found that a plausible defence was available to the respondentoriginal defendant and allowed the N.T. Application No.18 of 2005. Hence, this petition.

(3.) The learned Counsel for the applicant would submit that the Trial Court exceeded the jurisdiction by entering into the merits of the whole case and then finding that case for new trial was made out. In his submission, scope of Section 38 of the Act was only to inquire into the fact as to whether a new trial was permissible in a case where a decree under Order 37 was passed.