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Judgment
This writ petition has been filed by the Petitioner challenging the order dated 24.4.2002 passed by the District Judge, Udham Singh Nagar in civil revision No. 57 of 2001, which was filed against the order dated 01.12.2001 passed by the learned Trial Court. The learned trial court on the application of the Defendant held that the suit was not maintainable as being a rent suit. It being suit for eviction, the suit could be filed before the Judge, Small Cause Court. Even both the courts below have rejected the application on the ground of delay.
We have heard the Learned Counsel for the Petitioner as well as Shri. J.C. Belwal, Learned Counsel for the Respondent. In our opinion, the court below should have transferred the case to the Judge, Small Cause Court instead of rejecting the application as a civil court has no jurisdiction in view of the provisions contained in Section 16 of Provincial Small Cause Act and Article 4 of Schedule II of Provincial Small Cause Act.
Therefore, writ petition is allowed.It shall be transferred to Judge, Small Cause Court the power of which shall be exercised by the District Judge. Parties shall appear before the District Judge.