ISSARDAS AND S LULLA Vs. HAIR

JUDGEMENT

(1.) THESE are two writ petitions in the first of which, W. P. No. 913 of 1961, the petitioner prays for the issue of a writ, of prohibition or other appropriate writ, direction or order restraining the Court of IV Assistant Judge, City Civil Court, madras from taking possession of the business of the petitioner running in the name and style of "oceanic Agencies" and in the second of which W. P. No. 914 of 1961, the petitioner, the same as in W. P. No. 913 of 1961, prays for the issue of a writ of certiorari or other appropriate writ, direction or order calling for the records of the Court of the IV Assistant Judge, City Civil Court, in I. A. Nos. 604 and 606 of 1961 in O. S. No. 1603 of 1961 and to quash the orders therein dated 21-7-1961.

(2.) AT the very outset we have to deal with the question of the jurisdiction of this court under Article 226 of the Constitution to issue prerogative writs in the nature of prohibition and certiorari, in respect of the jurisdiction of and the orders passed by, the subordinate civil courts, as the respondents in these writ petitions urge that the petitions are not maintainable. We shall set out the facts of the case later in the judgment as they are not necessary to be considered in determining the scope and power of this Court under Article 226 of the Constitution in relation to the proceedings of the subordinate courts.

(3.) THESE applications are quite unique and novel, and we do not, wish to disguise our surprise that such applications should have been considered necessary and proper. So far as we are aware and so far as the industry and research of the eminent counsel who appeared in the case could go there has been no like instance in the annals of any High Court in India. Indeed, the applications look so exotic and the question involved for decision is of such great importance and of such wide public interest, that we heard the learned Advocate General in the matter. We are deeply indebted to him for his very able and learned arguments shedding considerable light on the obstruse legal problem that has been presented to us for solution.