Indraj Mal vs Sita Ram and Another

Kendall, J.—This application is made on the ground that the lower appellate court viz, the Subordinate Judge of Saharanpur, had no jurisdiction to set aside the decree arid order of the Bench of honorary Munsifs. The suit was one of a Small Cause Court nature which was transferred from the Small Cause Court to that of the Honorary Munsifs, and it is argued on behalf of the applicant that the effect of the transfer in accordance with Clause (4) of Section 24 Code of CPC was to invest the Bench of Honorary Munsifs for the purposes of this suit with the character of a Court of Small Causes, so that no appeal could lie from its decision.

If this were the case no appeal would ever lie from a decision of a Bench of Honorary Munsifs created under the N.W.P. and Oudh Honorary Munsifs Act, 1896. There are however char provisions in that Act which will cover cases of the pr ;sent kind. Under Sub-section (2) of Section 8 the District Judge is empowered to transfer suits from the regular courts and from the courts of the Small Cause Court Judge to that of an honorary Munsif or Bench, and the proviso under that section shows that on the occasion of such transfer Section 25 Code of CPC now replaced by Section 24, of the present Code) shall not be deemed applicable. I have been referred to two decisions of this Court in which it has been held that in cases like the present an appeal will lie-Megi Mal v. Hira Lal A.R. 1924 All. 761 (2) : 82 Ind. Cas. 292 : 22 A.L.J. 880 and Ali Mohammad v. Manohar Lal (1918) 50 Ind. Cas. 614. There is therefore no substance in the application and it is dismissed with costs.