An appeal lies under section 42(1) of the Presidency Small Cause Courts Act, 1882 from an order made by the Mumbai Court of Small Causes in exercise of its section 41 jurisdiction. Who hears the…
Question and options
An appeal lies under section 42(1) of the Presidency Small Cause Courts Act, 1882 from an order made by the Mumbai Court of Small Causes in exercise of its section 41 jurisdiction. Who hears the appeal?
Two judges of the same court, including the judge who made the order
Two judges of the same court, excluding the judge who made the order
One judge of the same court who did not make the order
Two judges of the Bombay High Court on its appellate side
Answer and explanation
Under section 42(1), an appeal from an appealable section 41 order of the Mumbai Court of Small Causes goes to two judges of the same Court, excluding the judge who made the order. The proviso excludes decrees or orders in proceedings in which no appeal lies under the Code of Civil Procedure, 1908.
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Maharashtra Judicial Services
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