A ACHUTHAN Vs. YOOSEPH

JUDGEMENT

(1.) The defendant judgment debtor in O. S. No. 5 of 1963 of the Munsiff's Court, Palghat,. initiated proceedings before the Munsiff's Court, Irinjalakuda, under S.476 read with S.195 of the Code of Criminal Procedure for prosecuting the plaintiff decree holder in the said suit for offences punishable under S.177, 181 and 199 of the Indian Penal Code. The accusation against the plaintiff was that he swore to a false affidavit in the course of the execution proceedings to mislead the Court and to insult the defendant so as to secure an order of attachment in execution. The learned Munsiff invoked S.479A, sub-s. (6) of Cr. P. C. as the appropriate section governing the matter in controversy and held that the petition was without any bona fides. The learned Munsiff considered the various accusations levelled against the plaintiff by the defendant and found that they were absolutely false and observed:

(2.) The only contention raised before me by the learned counsel for the petitioner is whether the Court has jurisdiction to award costs while disposing a petition under S.476 or 479A.

(3.) The position of law appears to me to be clear that the jurisdiction for the Munsiff in deciding such, cases is the one specially conferred on him by the relevant provisions of the Code of Criminal Procedure, and unless those provisions confer the additional jurisdiction to award costs, no order for costs can be passed.