BUDHU MAL ETC., vs MAHABlR PRASAD & ORS., ETC.

The Supreme Court held that the provisions of Section 23 of the Provincial Small Cause Courts Act were applicable, necessitating the return of plaints for presentation to a court with jurisdiction to determine title. The Court clarified that while the Small Causes Court could address incidental questions of title, it should exercise discretion to return plaints in cases where justice requires it. Consequently, the judgments of the lower courts were set aside, and the plaints were directed to be returned for proper jurisdiction as mandated by Section 23 of the Act.