Civil court jurisdiction remains available despite summary rectification remedy under company law where exclusion is not clearly shown.

Section 155 of the Companies Act, 1956 provides a summary and discretionary remedy for rectification of the register of members, but it does not, by express words or necessary implication, exclude ordinary civil jurisdiction under section 9 of the Code of Civil Procedure, 1908. The civil court may still hear disputes unless exclusion is clearly established, and the party asserting ouster bears that burden. Where the dispute involves serious or complicated questions needing regular trial and evidence, the statutory summary remedy may be declined and civil jurisdiction remains available.

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Issues: Whether the civil court's jurisdiction was barred, expressly or by necessary implication, in respect of matters falling within section 155 of the Companies Act, 1956.

Analysis: Section 155 of the Companies Act, 1956 confers a summary and discretionary remedy for rectification of the register of members. The court may decide questions of title and other questions necessary for the application, but the jurisdiction is ordinarily exercised on a summary basis and may be declined where the dispute involves serious or complicated questions requiring regular trial and evidence. Section 9 of the Code of Civil Procedure, 1908 preserves the civil court's jurisdiction except where exclusion is shown expressly or by necessary implication, and the burden to establish such exclusion lies on the party asserting it. No provision in the Companies Act, 1956 was found to exclude the civil court's jurisdiction for suits relating to these matters.

Conclusion: The civil court's jurisdiction was not barred, and the appeal failed.

Final Conclusion: Matters capable of falling within section 155 of the Companies Act, 1956 do not automatically oust the ordinary civil jurisdiction, particularly where the statutory remedy is summary and discretionary.

Ratio Decidendi: A summary statutory remedy for rectification of a company register does not, express words or necessary implication, exclude the jurisdiction of the civil court under section 9 of the Code of Civil Procedure, 1908.

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