Passing off suits require lawful original jurisdiction; transfer and inherent powers cannot create jurisdiction or sustain interim relief.

A High Court without ordinary original civil jurisdiction cannot entertain a passing off suit under section 105 of the Trade and Merchandise Marks Act, 1958, because the statutory reference to "District Court" is satisfied only by a court vested with such original jurisdiction. Section 24 of the Code of Civil Procedure, 1908 does not create original jurisdiction and applies only to transfer of proceedings properly instituted elsewhere. Section 151 cannot be used to confer jurisdiction or validate an incompetent suit. The interim injunction was set aside and the plaint was directed to be returned to the proper court.

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Issues: (i) Whether the High Court had jurisdiction to entertain a passing off action under section 105 of the Trade and Merchandise Marks Act, 1958 when it was not vested with ordinary original civil jurisdiction of a District Court. (ii) Whether the High Court could assume original jurisdiction or grant interim relief by invoking section 24 or section 151 of the Code of Civil Procedure, 1908.

Issue (i): Whether the High Court had jurisdiction to entertain a passing off action under section 105 of the Trade and Merchandise Marks Act, 1958 when it was not vested with ordinary original civil jurisdiction of a District Court.

Analysis: The expression District Court in the Act was construed with reference to the Code of Civil Procedure, 1908. A High Court would answer that description only when it was possessed of ordinary original civil jurisdiction. The High Court of Mysore, being primarily an appellate court and not having been invested by any subsisting law with such original civil jurisdiction, could not entertain the suit under section 105.

Conclusion: The High Court lacked jurisdiction to entertain the passing off action.

Issue (ii): Whether the High Court could assume original jurisdiction or grant interim relief by invoking section 24 or section 151 of the Code of Civil Procedure, 1908.

Analysis: Section 24 permits a High Court to withdraw and try a proceeding only after it has been properly instituted in a subordinate court and transferred to the High Court. It does not create original jurisdiction where none exists. Section 151 preserves inherent powers for proceedings already lawfully before the Court, but it cannot be used to confer jurisdiction by self-assumption or to validate an otherwise incompetent institution of the suit.

Conclusion: Neither section 24 nor section 151 empowered the High Court to assume original jurisdiction or sustain the interim injunction.

Final Conclusion: The interim injunction was set aside and the plaint was directed to be returned for presentation to the proper court, so the appellants succeeded in the appeal.

Ratio Decidendi: Jurisdiction must be conferred by law and cannot be created by invoking transfer powers or inherent powers; a High Court without ordinary original civil jurisdiction cannot entertain a suit required by statute to be filed in a District Court.

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