The only point urged in this appeal is that the suit is of a small cause nature and no second appeal lay inasmuch as the amount of the claim was less than Rs. 500. It is urged that when the objection was taken before the learned Judge who decided the second appeal he overruled it. We consider the learned Judge is perfectly right in overruling the objection as the main issue in the case related to the question of title. No doubt a Small Cause Court is entitled to decide a question of title if it arises incidentally. But where the plaint and the written-statement show that the issue to be fought out and decided is one of title, we think the suit cannot be considered to be one of a small cause nature.
There is no other point raised in this appeal. The appeal is dismissed with costs.
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Mahant Prayaga Doss Jee Varu v. Pachella Dorasami Iyengar And Another
Mahant Prayaga Doss Jee Varu v. Pachella Dorasami Iyengar And Another
(High Court Of Judicature At Madras)
Letters Patent Appeal No. 112 Of 1924 | 07-10-1925
Advocate List
- For the Appellant T. Kumaraswamiah, Advocate. For the Respondents K.S. Champagesa Aiyangar, Advocate.
Bench
- HON'BLE MR. JUSTICE DEVADOSS
- HON'BLE MR. JUSTICE WALLER
Eq Citations
- 1926 MWN 528
- 92 IND. CAS. 899
- AIR 1926 MAD 656
- LQ/MadHC/1925/430
Head Note
Civil Procedure Code, 1908 — Ss. 96 and 97 — Second appeal — Suit for declaration of title — Where main issue in suit related to question of title, suit not of small cause nature
