Small cause court jurisdiction covers a company's suit for share money unless a specific statutory exclusion applies.

An ordinary suit by a company to recover arrears of allotment money and call money due on shares was held cognizable by a Court of Small Causes because no specific statutory exclusion applied. The exclusion relied on was confined to suits by a liquidator during winding up under the relevant companies legislation, and that provision did not bar the company's own claim. The Provincial Small Cause Courts Act and the cited companies provision therefore did not support rejection of jurisdiction, and the order returning the plaint was set aside.

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Issues: Whether a suit by a company for recovery of arrears of allotment money and call money due on shares allotted to the defendant is cognizable by a Court of Small Causes.

Analysis: The exclusion of a Small Cause Court's cognizance was found to apply to a suit by a liquidator during winding up, as contemplated by the relevant companies legislation. An ordinary suit by a company for money due on shares was not shown to be excluded by any provision. The reliance placed on the Provincial Small Cause Courts Act and the cited companies provision was held not to assist the respondent.

Conclusion: The suit is cognizable by the Court of Small Causes and the order returning the plaint was set aside.

Ratio Decidendi: An ordinary suit by a company to recover money due on shares is cognizable by a Court of Small Causes unless there is a specific statutory exclusion.

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