KAPOOR CHAND Vs. SURAJ PRASAD

JUDGEMENT

(1.) The matter before us arose out of a petition for revision presented by two persons, Kapur Chand and Harish Chandra, who were dissatisfied with an order of a Magistrate passed on 2 June, 1931. The matter came up before one of us and having regard to the conflict of decisions he referred it to a larger Bench and accordingly, this Bench was constituted. The facts briefly are these: One Sarju Prasad, as the servant of one Chunni Lal Garg, filed a petition under Section 145, Criminal P.C., on 21 July 1930 before the City Magistrate of Cawnpore, Mr. Barron. The petitioner said that his master, Chunni Lal was in possession of a house in the city and the opposite parties (namely, the applicants before us and one Gulab Chand) were trying to interfere with the possession of his master and that there was a likelihood of a breach of the peace. The Magistrate took down the statement of Sarju Prasad on oath and directed a police inquiry into the matter. On receipt of the police report he passed the following order: There appears to be some basis for this complaint to judge from the police report. As I am unable, owing to pressure of work, to dispose of it myself I transfer it for such action as may be thought fit, along with a connected application to the Court of Babu Anand Sarup Sahib for disposal.

(2.) The papers were accordingly sent to Mr. Anand Sarup and he, on 7 August 1930, passed an order which is recorded in the order sheet in the vernacular. It has not been translated and made a part of our typed record but the order reads as follows, if translated into English: The record of the case has been received. It was put up before the mukhtar of the complainant. The complainant is not present in person; on inspection of the record it is ordered that notice be issued, in accordance with law, to the opposite parties on condition of the complainant depositing the process fee. The complainant and his mukhtar may also be informed. The mukhtar is present and he is informed.

(3.) On this order a notice was issued which professed to be one under Section 145, Criminal P.C., and mentioned that section. This again has not been incorporated in our paper book and is. in the vernacular. When translated it reads as follows: Since I have been informed that with respect to house No. 35/183 situated in Bengali-mohalla in the city of Cawnpore there is a serious dispute between the parties, you are hereby informed that on 19 August, 1930 you should appear in my Court and file your reply. Till then you should not in any way interfere with the property aforesaid.