STATE OF BIHAR Vs. KRISHNA GYANODAY SUGARLTD

JUDGEMENT

(1.) These four applications are under Section 24 of the Code of Civil Procedure and under Article 228 of the Constitution of India asking for transfer of four suits, which are pending for trial in the court of the Subordinate Judge at Motihari.

(2.) The only point urged by the learned Advocate General in support of these applications is that the question involved in the suits and which is for determination by the trial Court, is one in regard to the interpretation of the Constitution of India and that interpretation is very much necessary for the disposal of those cases. He tried to substantiate that with reference to certain paragraphs in the plaint of which he had a copy and learned counsel appearing for the other side also are in possession of such copies. A reading of the plaint shows that the plaintiff bases his claim on a judgment passed by this Court. Learned counsel for the petitioners contended that the view taken on that judgment in the plaint is not correct. Whichever side has the correct interpretation of that judgment is not for me now to decide. But it is clear that what that judgment realy means will not be an interpretation of the Constitution of India as envisaged in Article 228 of the Constitution of India, Issue No. 3 as framed by the trial court is as follows: "Whether the Bihar Sugar Factories Control Act and the Rules framed thereunder are ultra vires and unconstitutional?" This issue is to be read with reference to the averments made in the plaint, which, in their turn, refer to the judgment passed by this Court. The Bihar Sugar Factories Control Act and the Rules framed thereunder, according to the plaintiff, have been declared ultra vires in that judgment which is disputed by the defendants. It is in that fight that this issue has been framed. In that view I find it difficult to bring these cases within the ambit of the provisions of Article 228 of the Constitution of India.

(3.) Section 113 of the Code of Civil Procedure authorises the Civil Court to state a case and refer the same for the opinion of the High Court in the circumstances stated in that section. If the trial court comes to that position at any stage of the trial, that course will be open to it and it will also be open to any of the parties before it to move that Court under that section, as and if necessary. An attempt at this stage to transfer those cases from that court appears to be premature.