Sada Shankar and Another vs Brij Mohan Das

Blair and Aikman, JJ.—Mr. Ghulam Mujtaba''s preliminary objection to the hearing of this appeal must prevail. A cause is none the less a cause cognizable by a Court of Small Causes, because that Court exercised the discretion conferred on it by Section 23 of the Provincial Small Cause Courts'' Act No IX of 1887, and returned the plaint to be presented to a Court having jurisdiction to determine the title. We concur with the judgment of the Calcutta Court in Kali Krishna Tagore v. Izzat-an-nissa Khatun ILR Cal. 557. The appeal is dismissed with costs.