High CourtsDivision Bench

Bisva Nath Shah vs Naba Kumar Chowdhary

Calcutta High Court · Decided on 29 June 1888 · Citation: (1888) ILR (Cal) 713

HON’BLE JUDGES
Macpherson, J · Gordon, J
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Judgment

1 paragraphs · 101 words

Macpherson, J.—We are of opinion that Article 2 of the second schedule of Act IX of 1887 (Provincial Small Cause Courts Act) has no application to the present case, and that the suits for contribution which the Small Cause Court has no jurisdiction to try are those specified in Articles 41 and 42, or which might come under Article 44. The present case does not come under any of these Articles. We think, therefore, the Small Cause Court has jurisdiction to deal with the case, and we set aside the order of the Judge, and direct him to proceed with it.