PATHANAPURAM TALUK SAMAJAM Vs. K.K.SURENDRAN

JUDGEMENT

(1.) This matter placed before us is based on an order passed by a learned Single Judge. The question placed before us, for the answer is as follows.

(2.) It is appropriate to refer to the relevant provisions of Sec. 92 of the Code of Civil Procedure, which reads as follows.

(3.) We also see one more question to be decided that has been referred to us by the learned Single Judge with regard to the power of the Additional District Court in granting leave to institute a suit and try a suit under Sec. 92 of the Code of Civil Procedure, 1908 (for short, the 'CPC'). At the outset we may state that, that question had not arisen for consideration before the learned Single Judge. We note that the learned Single Judge adjourned this matter for determination by the Division Bench invoking power under Sec. 3 of the Kerala High Court Act, 1958. Therefore, the Division Bench can only answer the questions involved in the matter and not outside the lis which was pending before the learned Single Judge. If we answer reference on that question we have to render an academic answer rather than a decision on a judicial issue vexed by the court. It may not be proper for a Division Bench to answer a reference academically without there being a 'lis' on the matter before the Court. Therefore, we are not proposing to determine the question whether an additional District Court has power to grant leave to institute under Sec. 92 of the CPC.