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Judgment
Lawrence Jenkins, K.C.I.E., C.J.—We have to thank Mr. Ratanlal and Mr. Patkar for the labour they bestowed on this case which is a reference to us by the First Class Subordinate Judge, Surat, by reason of doubts entertained by him whether the suit is cognizable by a Court of Small Causes or is not so cognizable.
Having these doubts the learned Judge has submitted the record to us u/s 646 A of the Civil Procedure Code.
Had the case in Prasanna Kumar Khan v. Uma Charan Hazra (1896) 1 C. W. N. 140, and that in Gool Khan v. Tetar Goala (1899) 4 C.W.N.63, been within the reach of the Judge, we think he would have had no doubts in this case.
At any rate we are clear that the suit is cognizable by a Court of Small Causes and accordingly we order the Court to return the plaint for presentation to the Court of Small Causes at Surat.