MAKHANLAL LOLARAM Vs. PANCHAM LAL SHEOPRASAD

JUDGEMENT

(1.) SUBHEDAR , A.J.C. 1. This appeal by the defendants arises out of a suit which the plaintiff had instituted against them in the Court of the Second Glass, Subordinate Judge, Jubbulpore, to recover Rs. 2,000 as damages for an alleged defamatory letter said to have been published by them in the issue of the "Jain Gazette" dated 23rd April 1928. The trial Court dismissed the suit but without awarding costs to the defendants on the ground that although the letter was defamatory there was accord and satisfaction as pleaded by the defendants. Against the dismissal of his action the plaintiff preferred an appeal to the Court of the District Judge, Jubbulpore, and the defendants filed cross-objections against the order refusing their costs. At the express desire of the parties that the appeal should be heard by a Judge having "intimate knowledge of higher Hindi" the learned District Judge, Jubbulpore, transferred it, on 7th January 1931, for disposal, apparently under Section 24, Civil P. C., to Mr. Paranjpe, First Class Subordinate Judge, Narsinghpur, who was also the Additional Judge of the Court of the District Judge, Jubbulpore, as the Revenue Sub division of Narsinghpore was then included in the Civil district of Jubbulpore. Mr. Paranjpe heard the arguments on the merits of the appeal on 16th, 17th and 18th March 1931 and adjourned the case for delivery of judgment to 8th April 1931. For one reason or another the judgment was however not delivered by him till 26th June 1931. The appeal was partly allowed but the cross objections were wholly dismissed. The plaintiff was awarded Rs. 1,000 as damages and his full costs in both the Courts against 4th defendant only and the decree of the trial Court dismissing the claim against the other defendants without costs was affirmed.

(2.) IN the Central Provinces Gazette of 13th June 1931 there appeared several Notifications of the Governor in Council, under Sections 15, 16, 17, 26 and 28, Central Provinces Courts Act (1 of 1917), regarding the re-distribution of the Province into several Civil districts and the establishment of the several grades of Civil Courts therein, defining the local limits of their jurisdiction and the powers of the Judges presiding over them, with the result that as from 16th June 1931 the Revenue sub-division of Narsinghpore which till then formed part of the Jubbulpore Civil district was transferred from it to the Hoshangabad Civil district and the First Class Subordinate Judge who presided in the Civil Court of Narsinghpore was made an Additional Judge of the District Court at Hoshangabad. In other words as from 16th June 1931 Mr. Paranjpe ceased to be an Additional Judge of the Court of the District Judge, Jubbulpore, and became an Additional Judge of the Court of the District Judge, Hoshangabad.

(3.) FOR the respondent reliance was placed on Ramier v. Muthukrishna Ayyar AIR 1932 Mad 418 and it was contended that since the Government notifications made no provision for the transfer of pending cases and only provided for distribution of future work that they did not affect Mr. Paranjpe's jurisdiction to decide the first appeal which both at the time when it was filed and argued was within his jurisdiction to entertain and hear. Alternatively it was argued that under Section 21 read with Section 107 (2), Civil P. C., this Court should not allow the present objection as to the competency of Mr. Paranjpe to pronounce judgment in the first appeal because the appellants failed to raise the same objection in the lower appellate Court after the publication of the notifications and it was not shown that there has been a consequent failure of justice.