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Allahabad High Court · body

1914 DIGILAW 17 (ALL)

Indar Mal v. Baldeo Das

1914-01-20

PIGGOTT, RYVES

body1914
JUDGMENT : 1. This case has been referred to us by the learned District Judge of Agra with a recommendation that the order of the Court of Small Causes returning the plaint to the plaintiff for presentation to another Court is contrary to law. The Small Cause Court, although no written statement had been filed, on representation made on behalf of the defendant, seems to have come to the conclusion that the suit was one for accounts and for this reason ordered the plaint to be returned. 2. An examination of the plaint shows that it is not a suit for accounts but for the recovery of a sum of money, the precise amount of which cannot be ascertained unless the accounts of the parties have been examined. In our opinion the suit was one cognizable by a Small Cause Court. We therefore set aside the order of that Court and direct the Court to re-admit the plaint to its original number and to dispose of the case according to law.