SRINIVASA CHARLU Vs. BALAJI RAU

JUDGEMENT

(1.) It is urged before us that the ruling of this Court in Sadasook Gambir Chund v. Kannayya, I.L.R. 19 Mad. 96 with regard to the powers of the Full Bench of the Presidency Small Cause Court to revise a decree of a single Judge or order a new trial under Section 37 of Act XV of 1882 as it stood before amendment, is inapplicable since the amendment of the Act by Section 13 of Act I of 1895.

(2.) We are unable to find any ground whatever for this contention. The alterations relied on are two in number. The first is merely an alteration in the title of the chapter. It is now entitled "new trials and appeals" instead of "new trials and rehearing."

(3.) The change is intended merely to express more fully the subject of the chapter, for it contains the very important provision that "every decree and order of the Small Cause Court in a suit shall be final and conclusive" in other words, that no appeal shall lie. It is futile to argue that, because the word "appeals" appears in the title of the chapter, it must therefore allow appeals, notwithstanding the express words of Section 37.