Kedar Nath vs Ganga Ratan and Another

The plaintiff who is the applicant before us brought a suit in the Court of Small Causes at Cawnpore for recovery of a certain amount of money on the allegation that he was a commission agent and he had purchased certain bales of yarn at the defendant''s instance and had sold the same at their instance. He claimed the difference in the prices and his commission. The defence was that the parties dealt with bales of yarn as partners. The learned Judge, Small Cause Court, found as fact that the bales of yarn had been dealt with by the parties as partners. Having found this, he dismissed the suit.

In this Court it is contended that the learned Judge, Small Cause Court, ought to have ordered the plaint to be returned for presentation to the proper Court. In our opinion, this contention is not sound. The suit as brought was cognizable by the Judge, Small Cause Court. It would be only on an amended plaint that a case for partnership would be cognizable by any Court. The suit has failed on the merits and not because the plaint was not cognizable by the Judge, Small Cause Court. We dismiss this application with costs.