RHIMBAI JAMALBHOY Vs. MARIAM ABDUL RASOOL

JUDGEMENT

(1.) This is an application by the plaintiff in a suit filed in the Court of the Resident at Aden that an order dismissing an appeal in the suit under Section 551 of the Civil Procedure Code may be quashed and that the Resident may be required to state a case upon certain questions specified in an application, dated the 23 of September 1908, made the day before he delivered judgment in the appeal, it being contended that the obligation to state such a case was imposed upon him by the provisions of Section 8 of the Aden Act II of 1864.

(2.) A preliminary objection was taken, on behalf of the opponents, that this Court has no jurisdiction to interfere in revision with any order passed by the Resident, in the exercise of his civil jurisdiction under the Aden Act, on the ground that the Resident being only subject to the High Court of Bombay, in certain specified particulars under the Act, with regard to civil jurisdiction, his Court could not be said to be a Court subordinate to the High Court within the meaning of Section 115 of the Civil Procedure Code.

(3.) Now with regard to questions which should be stated by the Resident for the decision of the High Court under the provisions of Section 8 of the Aden Act there can, we think, be no question that the Resident's Court is subordinate to the High Court, for the Resident is, after the decision of the High Court given upon the questions submitted by him under that section, bound to pass a decree and to dispose of the case conformably to the decision of the High Court. We think, therefore, that, with regard to such questions, this Court has the power of revision under Section 115 of the Code in order that the Resident may not refuse to exercise the jurisdiction given to him by that section and may not act with material irregularity in the exercise of such jurisdiction without the power of the superintending Court to interfere. We, therefore, decide the preliminary objection against the opponents.