NAROTTAMDAS JETHABHAI Vs. ALOYSIOUS PINTO PHILLIPS

JUDGEMENT

(1.) FOUR issues relating to jurisdiction have been raised on the summons for judgment taken out by the plaintiff, and they have now come before us for decision.

(2.) THE suit in which these issues arise was filed for recovering a sum of Rs. 11,704-5-4, and the main question that we have to consider is whether in view of the notification issued by the Government on 20th January 1950, this Court has jurisdiction to try this suit.

(3.) IN order to understand and appreciate the contentions raised before us it is necessary to look at the Bombay City Civil Court Act (Bom. Act XL [40] of 1948 ). That Act was passed by the Bombay Legislature in order to establish an additional Civil Court for Greater Bombay, Section 3 of that Act deals with the constitution of the new Court and provides that: