CENTRAL BANK OF INDIA Vs. PANALUR PAPER MILLS

JUDGEMENT

(1.) The rules of the High Court at Calcutta, Original Side, have special significance for the purpose of due administration of justice. It has stood the test of time and the powers of the High Court to frame rules have been preserved under the Letters Patent which is saved by the provisions of the Code of Civil Procedure. From time of time the High Court by resolutions adopted, the Rules on the Original Side of this Court and same has a binding effect in regard to suits instituted in the Original Side of this Court.

(2.) Chapter 13(A) of the Rules of this Court provides for summary procedure in suits to recover debts of liquidated demands or immovable properly. Rule 1 of Chapter 13(A) expressly records that the provisions of the Chapter shall not be applicable save to suits as mentioned in sub-Rule (A) and (B). Sub-Rule B) of Rule 1 provides the application of the Chapter in regard to suits for the recovery of immovable property with or without claim for rent or mesne profits by a landlord against a tenant whose term has expired or has been duly determined by notice to quit or has become liable to forfeiture for non-payment of rent or against persons claiming under such tenant The provision as contained in the Rules of this court is thus akin to the provisions of Order 37 of the Code of Civil Procedure. It is a special provision and has been engrafted for the purposes of effecting speedy and effective justice between the parties. Laws delay Is not unknown i i this sub-continent. The rule makers obviously not being oblivion of such a state of affairs have introduced this special provision in the Rules of this court. The legislators also deemed it expedient to incorporate In the Code of Civil Procedure, a similar procedure under Order 37 of the Code though certain amount of restrictions have been Introduced in the Code by the 1976 amendment. But the need of speedy disposal of certain categories of suits, no doubt, continues to be the dominant object of the legislators.

(3.) It therefore appears that the discussion above leaves no manner of doubt that summary procedure is available in regard to a suit for recovery of Immovable property with or without a claim for rent or mesne proflls by a landlord against a tenant whose term has expired. Sub-rule (3) of Chapter 13(A) of the Rules of this Court provides that where the defendant in any suit which is within the terms of Rule 1 has entered appearance, plaintiff may, as regards its claim which is within the terms of Rule 1 on affidavit made by himself or by any other person who can swear positively to the facts verifying the cause of action and the amount claimed. if any, and stating that in his belief there is no defence to the claim, apply to the Judge for the final judgment for the amount claimed together with interest, if any, or for recovery of land with or without rent or mesne profits as the case may be and costs. Be it noted here that by reason of the fact that speedy justice is to be made available to the parties. the Rule-makers in Proviso 2 to Rule 3 as noted above laid down that as against any defendant who has filed a written statement, such application shall not be permissible unless the summons is taken out within 10 days after recelpt of the notice of entering of appearance under Chapter 8 Rule 18. In this context Rules 4, 5, 6 and 7 also to be noted. Sub-Rule 4 provides that the application by the plaintiff for judgment under Rule 3 shall be made by Summons returnable not less than seven clear days after service accompanied by a copy of the plaint and affidavit.