Daniels, J C This revision is based on a ground which does not seem to have occurred to any body when the case was before the Small Cause Court and which is that the allegations in the plaint amount to an offence of criminal breach of trust under Chapter XVII of the Indian Penal Code and therefore the jurisdiction of a Small Cause Court is ousted by Article 35(a)(ii) of the second schedule to the Provincial Small CAUSE Courts Act. This provision was inserted in the Act by the legislature in 1914, and is constant source of difficulty to the Courts, as it is often most difficult to say whether the allegations in the plaint do amount to a criminal offence or not. In the present case, however the matter is clear. The plaintiff says that he gave silver of the weight of Rs. 70 to the defendant to make some bangles. When the bangles were delivered it was found that base metal had been substituted for silver and the plaintiff in para. 6 of his plaint claims Rs. 50 as damages as the amount of which he has been defrauded by the defendant. On these allegations I must hold that the case comes within Article 35(a)(ii). I, therefore, set aside the decree of the Court below and direct the learned Judge of the Court below to return the plaint under Order 7, Rule 10 for presentation on the regular side. As the objection is taken at a very late stage I make no order as to costs.