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Civil Revision No. 32 of 1978, heard on 9th March, 1980.
----S. 17 read with Civil Procedure Code (V of 1908), O. L--- Procedure in Small Causes Court‑Order XVIII, rr. 5 to 12, C. P. C. relating to recording of evidence in appealable cases‑Not applicable to Small Causes Court‑Recording of evidence under O. XVIII, rr. 1 to 4‑Not barred‑Sections 27‑A & 27‑B, however, do not make record ing of evidence mandatory and discretionary with Judge Small Causes Court either to record evidence or not.‑[Evidence].
‑‑‑ S. 27‑A‑Distress warrant‑Claim under S. 27‑A‑Held : Court of Small Causes has jurisdiction to investigate such claim for limited purpose of either granting or rejecting distress warrant application-- Either party can, however, file regular suit on question of title Small Causes Court‑Not denuded of jurisdiction to allow recovery of distress warrant merely upon denial of title.‑[Jurisdiction].
Abdul Razzaq v. Haji Ibrahim P L D 1959 Kar. 747 rel.
Falzanul Haq for Applicant.
Abdul Wahab for Respondent.
Date of hearing : 9th March, 1980.
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