JUDGMENT : 1. The suit out of which this revision arises was instituted on 16th January 1913. At that time the City Munsif of Moradabad was invested with the jurisdiction of a Judge of the Court of Small Causes under the Provincial Small Cause Courts Act of 1887. Two days after, the officer who held the office of the City Munsif of Moradabad was transferred. His successor was not invested with this special jurisdiction, and the result was that the special jurisdiction of the Court of Small Causes which on 16th January 1913 was attached to the Court of the City Munsif of Moradabad ceased. This case, under the provisions of S. 35, Cl. (1), Act 9 of 1887, revetted to the Court which would ordinarily, have jurisdiction to try suits of this nature, namely, the Court of the City Munsif of Moradabad. No evidence had been recorded in the case and practically no proceedings had been taken in the case indeed, except for the fact of the institution of the suit in a Court invested, with special powers it was a case coming entirely within the jurisdiction of she City Munsif of Moradabad. On a careful examination of the record I have no doubt left in my mind that the City Munsif of Moradabad did, as a matter of fact, try this case as a Court of Small Causes would have done. Had evidence been recorded it is possible that the provisions of O. 18, R. 15 would have saved his action. That point however does not arise in this case, and I make no decision one way or another. 2. The Munsif made no separate record of the evidence in the vernacular. The order which he passed was in the form of a Small Cause Court decree, and his signature is appended to that order as a Judge of the Small Cause Court. The result of this procedure is that the safeguard which the Code of Civil Procedure attaches to the evidence taken by a Munsif with a view, of course, to the possibility of an appeal does not exist in the present case. 3. The case was tried by a Munsif, and by the law a right of appeal is given from an order passed by such an officer. 3. The case was tried by a Munsif, and by the law a right of appeal is given from an order passed by such an officer. The irregularity committed prejudiced the applicant so far that he conceived himself deprived of the right of appeal, and still further prejudiced him in that the record does not contain all that is necessary ground on which a Court of appeal; can come to a decision. I hold therefore that the learned Munsif has exercised a jurisdiction with which he was not invested. The decree is set aside. The case is remanded to the Munsif with directions to re admit the suit under its original number in the register of civil suits and proceed to determine it according to law. Inasmuch as the evidence had not been recorded according to law, that avidance unless the parties agree to abide by it as recorded will not be evidence in the trial under this remand. Costs will abide the event.