High CourtsDivision Bench(1901) 04 MAD CK 0003

Hakim Muhammad Ashruff Hussain Saheb and Others vs Syed Muhammad Ali Saheb

Madras High Court · Decided on 25 April 1901 · Citation: (1901) ILR (Mad) 652

HON’BLE JUDGES
Shephard, J · Bhashyam Ayyangar, J

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Judgment

7 paragraphs · 145 words
1.

Of the several causes of action alleged in the plaint the only one which could possibly be excluded from the jurisdiction of the Small Cause Court

would be the claim in respect of damages for breach of promise of marriage.

2.

But the contract here alleged is a contract between the parent of the girl intended to be married and the intended bridegroom. The suit is not a

suit for breach of promise of marriage within the meaning of Article (q) of Section 19 of the Presidency Small Cause Courts Act, for the phrase

there used must clearly have referred to the action for breach of promise of marriage as understood in English law. Seeing that the City Civil Court

had no jurisdiction, we must set aside the decree and direct the return of the plaint.

3.

We make no order as to costs.