AIR 1915 MADRAS 1164(2)

Madras High Court

Hon'ble Judge(s): Wallis , C.J. AND Ayling, Sadasiva Aiyar , JJ

Presidency Small Cause Courts Act (15 of 1882) , S.19— Suit under O. 21, R. 63, Civil P.C., involves setting aside civil Court's order and is not merely declaratory and is not excluded under S. 19. (s). A suit to establish a right given to the unsuccessful party in claim procceedings under the Code of civil Proccedure involves in every case a prayer for the setting aside of a summary order of a civil Court. Such a suit cannot be regarded as a suit for a mere declaration and is not excluded from the jurisdiction of a Small Cause Court under S. 19.