1887 (10) TMI 1

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....in itself of the nature of a small cause, but which the Subordinate Judge, though invested with the jurisdiction of a Judge of a Small Cause Court, tried according to the rules of the Code of Civil Procedure. An appeal was made to the District Court, which reversed the Subordinate Judge's decree and awarded the sum claimed, Rs. 5, with costs. 2. To the objection now raised, that no appeal l....

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....of Act XI of 1865, from Section 6 of the same Act, which enumerates the suits cognizable by a Small Cause Court, and from Section 12, which says no suit of these kinds shall be tried by any other Court where a Small Cause Court exists. When Section 21 says that "in suits tried under this Act, all decisions and orders shall be final," it means suits tried under this Act according to the jurisdictio....

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....would have validity rather than to one under which they would be void. A similar principle applies to the District Court, and if we could find that there was authority in that Court to receive an appeal in this case, a mere error in the subsidiary proceedings would not cancel that jurisdiction But the suit having really been a small cause, no appeal lay; there was an absolute want of jurisdiction ....