NARAYAN VITHAL SAMANT Vs. JANKIBAI SITARAM SAMANT

JUDGEMENT

(1.) The question referred to the Full Bench should, in ray opinion, be answered in the negative.

(2.) The jurisdiction of this Court, and of the Judges composing the Court, is determined by the Statute 24 & 25 Vic. c. 104, by the Letters Patent issued thereunder, and by the Rules framed by the Court under the authority conferred by Section 13 of the Act. By Section 9 of the Act, it is provided that the Court shall have and exercise all such jurisdiction as Her Majesty may by Letters Patent grant and direct. Primarily, therefore, it is upon the Court that the jurisdiction is conferred, and Section 2 of the Act provides that the Court shall consist of a Chief Justice and as many Judges, not exceeding fifteen, as Her Majesty may appoint. Section 13 empowers the Court by its own rules to " provide for the exercise, by one or more Judges, or by Division Courts constituted by two or more Judges,..of the Original and Appellate jurisdiction vested in such Court, in such manner as may appear to such Court to be convenient for the due administration of justice." In the exercise of this power this Court has made rules for the exercise of jurisdiction by the Judges both on the Original and the Appellate Side.

(3.) The intent and effect of these provisions seem to me to be that the jurisdiction conferred is conferred on the Court as a body: it is the Court which is to "have and exercise" the jurisdiction granted: but, inasmuch as it would not be "convenient for the due administration of justice" that the entire Court should have to sit for the valid determination of every suit and appeal and application, power is given to the Court to make Rules for the exercise of the Court s jurisdiction by one or more Judges within the limits and subject to the conditions prescribed by the Rules. The powers so delegated would thus fix the limit within which such Judge or Judges would be competent to exercise the Court s jurisdiction, and any order made by a Judge or Judges in excess of this authority would be void as being beyond the jurisdiction which the Judge or Judges were legally authorized to exercise.