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1913 DIGILAW 20 (ALL)

Muzaffar Husain v. Biban

1913-01-09

TUDBALI

body1913
JUDGMENT : TUDBALI, J. This is an application in revision against the decree of the Small Cause Court of the Agra Cantonments. The plaintiff's case was that the defendant had in execution of a decree against a third person illegally attached her ekka and pony in 1910 and that it was released on her objection on the 14th of January 1911. She therefore brought this suit for compensation for illegal attachment of her property. The property was actually seized and taken from her possession. One defence among others was that the suit was not cognizable by court of Small Causes. The point was not touched by the judge who decreed the suit. The second Schedule of the Provincial Small Cause Courts Act sets out those suits which are excepted from the cognizance of the Courts of Small Causes. Article 35(j) shows that a suit for compensation for illegal, improper or excessive distress or attachment is not cognizable by Courts of Small Causes. The present suit was clearly for compensation for illegal and improper attachment of the plaintiff's property. It was not a suit for recovery of moveable property or for recovery of money due to the plaintiff, but simply a suit for compensation for improper and illegal attachment. It was therefore not cognizable by the court below. I therefore allow this application and set aside the decree of the court below. The plaint will be returned to the plaintiff for presentation to the proper court. As the plaintiff is not present, notice must be given to her of this order. The record will be returned to the court below and that court will return the plaint to the plaintiff or her pleader. In the circumstances of the case I make no order as to costs.