JUDGMENT : Banerji, J. This is a reference made by the District Judge of Benares under section 646 of the Code of Civil Procedure. It appears that a decree for costs was made against the plaintiff and the defendants. The plaintiff having paid the costs brought the present suit for contribution against the defendants. The Judge of the Court of Small Causes returned the plaint for presentation in proper Court, being of opinion that the suit was excluded from the cognisance of that Court by article 41, sch. II of the Provincial Small Cause Courts Act. In our opinion this was not a suit of the description mentioned in that article or in any other article of the schedule. The schedule does not exclude every suit for contribution from the cognisance of the Court of Small Causes, but specifies the classes of suits for contribution which are so excluded. The present suit manifestly does not come under any of these classes, and was, therefore, cognisable by the Court of Small Causes. This view is supported by the ruling in Bishvanath Shah v. Naba Kumar, [1888] I.L.R., 15 Cal., 713. We accordingly set aside the order of the Court of Small Causes returning the plaint, and direct that Court to receive back the plaint and try the suit.