ISMALJI IBRAHIMJI NAGREE Vs. NCMACLEOD

JUDGEMENT

(1.) In this case there is no doubt, several interesting questions have been raised.

(2.) The first is whether the inclusion of Section 622 of the code of Civil Procedure in the Presidency Small Cause Courts Act under the rules framed under Section 9 of that Act is not ultra vires? That is a question which has not been raised before. Another question is whether this Court, under Section 5 Clause (2) of Regulation XXVII has got the power to interfere in all cases tried in the Presidency Small Cause Courts, if this Court is of opinion that the decision of that Court is wrong.

(3.) Those questions are of great importance, because the practice of this Court for many years has always been to interfere under Section 622.