JUDGMENT : TUDBALL, J. This revision arises out of the following circumstances:—Munshi Lachmi Narain was the Munsif of Basti and was invested with the powers of a Small Cause Court Judge up to Rs. 50. He obtained three months' privilege leave, and on the 10th of April 1912 left the district making over charge as he could to his Munsarim, On the 15th of April 1912 the plaintiff in the present case filed his plaint before the Munsarim. On the 18th of April Mr. Ali Muhammad, the new Munsif took over charge. He was not invested with any powers under Provincial Small Cause Courts Act The present suit was registered on the regular side from the very beginning and was heard and tried by him as a regular suit. An appeal was preferred, which was decided against the appellant. He has come here on revision and urges that no appeal lay to the court below, because the suit was of a Small Cause Court nature, and the decision of the Munsif, who had succeeded Munshi Lachmi Narain, must, under the Act, be treated as the decision of a Small Cause Court. If the suit had been filed while Munshi Lachmi Narain was the Munsif of Basti there would be considerable force in the present application. It is urged that though Munshi Lachmi Narain left the district on the 10th of April still the Small Cause Court of Basti was in existence in spirit at least, if not in body, and on the 15th of April the suit was as a matter of fact filed in the court of Small Causes. The Munsifi of Basti is a court in which the powers under the Act can be exercised by a judicial officer who has been invested with those powers. It is quite clear that if such an officer dies or is removed from the district, there is no Small Cause Court left, specially when he is succeeded by an officer who has not those powers. Provision has been made in the Act to cover those suits, which are filed in the Court of Small Causes, but are left undecided at the time, when the court ceases to exist, and a new officer is appointed who has no powers under the Act.
Provision has been made in the Act to cover those suits, which are filed in the Court of Small Causes, but are left undecided at the time, when the court ceases to exist, and a new officer is appointed who has no powers under the Act. It is quite clear that as long as there is no judicial officer in charge of the Munsifi at Basti who has powers under the Act, there is no Small Cause Court in existence. If any suit is filed it will have to be tried as a regular suit. I have been taken over the sections of the Act at considerable length, but there is nothing to support the contention put forward by the applicant that on the 15th of April 1912 there was a Small Cause Court at Basti capable of taking cognizance of the suit. There is, therefore, no force in the application. The suit was tried by the Munsif as a regular suit and the appeal lay to the District Judge. The application is dismissed with costs.