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1921 DIGILAW 1 (MAD)

Bhuvanapalli Subbayya v. Rajah Velugoti Govinda Krishna …

1921-01-04

body1921
JUDGMENT 1. This suit to recover arrears of Kattubadi of less than Rs. 500 in amount is of a small cause nature and no second appeal lies. See Mullapudi Balakrishnayya v. Venkatanarasimha Appa Rao (1896) I.L.R. 19 Mad. 329. 2. The appellants vakil asks us to hold that the District Munsif had no jurisdiction to try the suit on the Original Side seeing that under Section 33 Provincial Small Cause Courts Act (Act IX of 1887) he is deemed to be a different Court from the same Court exercising small cause jurisdiction, and suggests that we should interfere in revision and send the suit back for retrial on the Small Cause side. 3. In this case, unlike the cases dealt with in Kollipara Seethapathy v. Kankipati Suibayya (1909) I.L.R. 33 Mad. 323 and Davalatsingji (Maharanashri v. Khachar Hamir Mon (1909) I.L.R. 34 Bom 171 there was no reversal of the first courts decree in appeal, and therefore no equity arises in the defendants favour, to have the lower appellate courts decree set aside and get the case retried by the same original court in a less formal manner than it has already tried it. We must decline to interfere in the manner suggested seeing that the defendant has not been prejudiced by the course adopted by the District Munsif. 4. We dismiss this Second Appeal with costs.