Under Section 33 of the Provincial Small Causes Court Act, a Court invested with the jurisdiction of the Court of Small Causes with respect to exercise of that jurisdiction, and the same Court with respect to exercise of its jurisdiction in Suit of a civil nature which are not cognizable by a Court of Small Causes, shall, for the purposes of the Act and the Code of Civil Procedure Code be deemed to be different Courts. Thus, Judge Small Causes Court though may also be the Court of Civil Judge (Junior Division) it could not have converted the SCC Suit into a regular Civil Suit. The Judge Small Causes Court could have only returned the plaint under Section 23 of the Provincial Small Causes Court Act if there was a dispute regarding the title of the property in question. In this case, there was no such dispute raised by the tenant. He had admitted the relationship of landlord and tenant, but had alleged that he was not in default and the rent had not fallen into arrears.
42. The order passed by the Judge Small Causes Court impugned in this writ petition could not have been passed converting the Suit by exercising inherent power under Section 151 CPC.
IN THE HIGH COURT OF ALLAHABAD
Matters Under Article 227 No. 3634 of 2018
Decided On: 10.01.2019
Shafiuddin Vs. Mashur Alam
Hon'ble Judges/Coram:
Sangeeta Chandra, J.
Citation: AIR 2019(ALL) 155
