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Madhya Pradesh High Court · body

1977 DIGILAW 398 (MP)

Surajmal v. Municipal Corporation, Gwalior

1977-09-30

S.R.VYAS

body1977
Short Note : 1. The plaintiff applicant's case in the trial Court was that he sought permission from the non-applicant, for constructing a part of his house. As no sanction was granted within the statutory period, he commenced the construction work without waiting for a formal sanction. The Corporation thereafter served a notice on the plaintiff and on that account further construction work had to he stopped. The stoppage of this work because of the service of the notice resulted in a loss of Rs. 300, to the plaintiff. The plaintiff accordingly prayed for a decree for this amount. On behalf of the Corporation an objection was raised that the suit was not triable as a small cause suit and the Small Cause Court had no jurisdiction. This objection prevailed with the trial Court and it was held that the suit was not cognisable by a Court exercising the powers of a Small Cause Court. Held : The only grievance made in this Court is that if the trial Court had no jurisdiction to take cognisance of the suit then the only order that could and should have been passed was to return the plaint to the plaintiff for presentation in the proper Court. In the opinion of this Court, once it was found that the Court had no jurisdiction to try the suit the plaint should have been returned for presentation to the proper Court. Case remanded. Revision allowed.