KALIPADO GHOSH Vs. ABHOYABALA DASSI

JUDGEMENT

(1.) These applications for revision arise out of an order passed by the learned Munsif, 1st Court at Chanderna-gore, restoring a suit dismissed for non-prosecution. The opposite parties plaintiff commenced the suit being Title Suit No. 80 of 1975 in the 1st Court of the Munsif at Chandernagore for certain reliefs under Sections 36, 37-A and 38 of the Bengal Money Lenders Act on 10-4-75. The plaintiff however allowed the suit to be dismissed for non-prosecution on 1-10-75.

(2.) Thereafter on 27-8-76 the opposite parties filed an application under Section 151 of the Code of Civil Procedure praying for restoration of the suit which Was however allowed by the impugned order dated 24-5-78.

(3.) Mr. Bhaskar Ghose, learned Advocate appearing in support of the Rules contends that the trial court had no jurisdiction to exercise power under Section 151 C. P. C. when express provisions for such restoration were provided in the Code. He refers to the decision in the case of Umesh Chandra Manna v. Amar Nath Jana reported in AIR 1929 Cal 158. It was held therein that the trial Court had no jurisdiction to invoke the aid of Section 151 C. P. C. for the purpose of restoring a suit which had been dismissed on exercising a jurisdiction which was not vested in it by law. The facts of the instant case are otherwise. It cannot be said that the learned trial Court had no jurisdiction to dismiss the suit for non-prosecution on 1-10-75.