Khettra Mohan Singh and Another vs Shib Das Chander

This is an application u/s 25 of the Provincial Small Causes Courts Act. It is directed against an order by which, proceeding u/s 23 of that Act, the Judge of the Court of Small Causes has returned the plaint to be presented to a Court having jurisdiction to determine the question of title raised in the suit. ''That the right of the plaintiffs in the suit in question did depend upon proof of plaintiffs'' title to Immovable property cannot be disputed, and we see no ground for thinking that in returning the plaint the Judge of the Court of Small Causes has improperly exercised the discretion vested in him u/s 23 of the Act. It has been suggested that the question of title is in fact res judicata by reason of a suit brought in the preceding year between the present plaintiffs and the lessor of the present defendant. But for the reasons given by the Subordinate Judge and also by reason of the fact that the Court of Small Causes cannot finally determine a question of title, we cannot accede to that contention. This Rule is accordingly discharged.