SOUTHERN ROADWAYS LTD Vs. C PALANIKUMAR

JUDGEMENT

(1.) THESE civil revision petitions are by the same defendants in the respective suits against the respective plaintiffs therein, seeking to set aside clause 2 of the order dated 24.10.1989 in the respective interlocutory applications filed therein. The said interlocutory applications were filed by the respective plaintiffs for interim injunction. Those interlocutory applications are I.A.Nos.932 to 959 of 1989 in O.S.Nos.1330 to 1357 of 1989 on the file of the District Munsif s Court, Thiruman-galam. The suits are by different employees of the same defendants and they inter alia sought for orders of permanent injunction, restraining the defendants from giving effect to the relevant transfer orders passed by the defendants against the said employees. The trial Court held in clause 1 of the respective orders in each of the said interlocutory applications that it had no jurisdiction to try each of the said interlocutory applications. But, in clause 2 of the respective orders, it granted "in the interest of justice" interim injunction prayed for, for a month, to enable the respective plaintiffs to prefer an appeal against the above said clause 1 of the respective orders.

(2.) REGARDING clause 1 of the respective orders, it is stated that the respondents-plaintiffs have preferred Civil Miscellaneous Appeals to the proper Court. It is only with reference to the above said clause 2 of the respective orders these revision petitions have ben filed in this Court.

(3.) IT is settled law that when a Court holds that it has no jurisdiction to try a proceeding before it, it cannot pass any order regarding the said proceeding. Any such order, even if passed, will be a nullity, (vide the decisions reported in Kiran Singh v. Charon Paswan, (1954)2 M.L.J. 60: 1954 S.C.J.514: 1954 M.W.N.545: (1955)1 S.C.R.117: A.I.R, 1954 S.C.340. and R.Venkataswami v. M/s. South India Viscose Ltd., Coimbatore, A.I.R.1985, Mad.257 So, these revision petitions have necessarily to be allowed and the above said clause 2 of the respective orders have to be set aside.