STATE OF BOMBAY Vs. NAROTTAMDAS JETHABHAI

JUDGEMENT

(1.) I have read the judgment prepared by my brother, Mahajan J. and generally agree with his conclusions and reasonings, but having regard to the importance of the points raised, I wish to add a short judgment of my own.

(2.) There are really three questions to be decided in this appeal, and they are as follows:(i) Whether the Bombay City Civil Court Act, 1948 (XL [40] of 1948) is ultra vires the Legislature of the State of Bombay ; (2) Whether in any event S. 4 of the above Act is ultra vires the Stale Legislature; and (3) Whether the Bombay High Court has jurisdiction to try the suit.

(3.) The first and the third questions have been answered by the High Court in favour of the appellant, and the second question has been answered in favour of the respondents. In this Court, the appellant attacked the judgment of the High Court in so far as it concerns the second question, whereas the first respondent attacked it in so far as it concerns the first and the third questions.