IN RE, P. JAWARILAL AND ANOTHER Vs. STATE

JUDGEMENT

(1.) This an application for receiving the plaint and passing interim orders. The plaint should have been filed, in the normal course, in the City Civil Court, Hyderabad. It is stated in the affidavit that since that Court is closed for the summer vacation that plaint was being presented here for the purpose of receiving it and subsequently transmitting it to the City Civil Court after passing the necessary interim orders. We have grave doubts as to our jurisdiction to entertain plaints. After the amendment of section 13 of the Madras Civil Courts Act of 1873, it is competent for the High Court, to receive appeals which should have been filed in the District Courts or the Subordinate Judges Courts is the case may be and transmit, them to those Courts on their reopening and in the meantime pass interim orders. That amendment does not refer to plaints at all. In these circumstances, we do not think we have the power to receive the plaints and pass the necessary interim orders. Mr. Vishnurao very strenuously contended that since there is no prohibition, in express terms, we could invoke the inherent powers under section 151, Civil Procedure Code, and entertain this plaint and also pass the necessary orders in the interests of justice. We are of the view that section 151, Civil Procedure Code, cannot be invoked in circumstances which result in the abrogation of any express provisions of the Civil Courts Act. If a power is not to be found in the High Court, we cannot resort to section 151, Civil Procedure Code, to derive that power by implication.

(2.) It has been pointed out to us that this is a matter where speedy interference is called for. It is stated that the defendant is a British national, that his evidence has been completed in this country and that he had also obtained a passport and is about to sail for United Kingdom. It is stated that a large sum due to him is with the Accounts Officer, Central Railway, Secunderabad, and in the interim application that Mr. Vishnurao seeks to file he wants to attach this sum before judgment. His further point is that if no attachment is made there is the imminent peril of the defendant taking away all the money and going out of the reach of Courts in this country. If that be so, it seems to us that it is open to the plaintiff, if so advised, to give a notice to the Accounts Officer, Central Railway, explaining the circumstances and asking him to defer the payment until the suit is filed and appropriate orders are obtained from the Court concerned. The plaint may be returned.

(3.) We gave notice in this matter to the learned Advocate-General and he has come to-day and assisted us for which we are thankful.