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Issues:
Reversal of judgment in civil revision petition, liability of second petitioner, competency of appeal under Section 96(4) of the Code of Civil Procedure, nature of suit cognizable by Courts of Small Causes. Analysis: The civil revision petition was filed to challenge the judgment of the Subordinate Judge, which reversed the decision of the District Munsif and decreed the suit for recovery of a specific amount. The suit was based on the plaintiff's subscription to a chit and non-conduct of the chit by the defendants. The trial court dismissed the suit, believing the evidence of the defendants and finding the second petitioner not liable. However, the Subordinate Judge rejected the appeal's incompetency under Section 96(4) and found the defendants liable based on the plaintiff's evidence, disbelieving the defendants' witnesses. The main contention raised was regarding the liability of the second petitioner, with the petitioner's counsel arguing against the finding that the second petitioner was the real foreman. The petitioner's counsel also challenged the competency of the appeal under Section 96(4) of the Code of Civil Procedure, stating that the Subordinate Judge exceeded jurisdiction by going into factual questions. The District Munsif's observation that the second petitioner was an unnecessary party supported the petitioners' argument. Regarding the competency of appeal under Section 96(4), the court delved into the nature of suits cognizable by Courts of Small Causes. Referring to a Full Bench decision, the court discussed the legislative intent behind restricting appeals for suits within the Small Causes jurisdiction. The court emphasized that the nature of the suit, not the court's jurisdiction, determines appeal restrictions. It concluded that the suit in question, although exceeding the District Munsif's jurisdiction, was of a nature cognizable by a Small Cause Court, thereby questioning the Subordinate Judge's findings on the authenticity of key exhibits. Ultimately, the court allowed the civil revision petition, setting aside the lower appellate court's judgment and decree. The appeal was remanded for proper presentation, with each party bearing their respective costs. The detailed analysis focused on the reversal of the judgment, the liability of the second petitioner, the interpretation of Section 96(4) of the Code of Civil Procedure, and the nature of suits cognizable by Courts of Small Causes, providing a comprehensive understanding of the legal intricacies involved in the case.
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