1939 (12) TMI 6

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.... in the Punjab. The plaintiff, Firm Baldeo Sahai Surajmal, carries on business as pucca arhatia at Hapur in the district of Meerut in these Provinces. The defendant entered into certain transactions with the plaintiff, which were in the nature of forward contracts in respect of grain. The suit is for the recovery of a sum of money alleged to be payable by the defendant to the plaintiff. It appears....

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....e parties had expressly agreed that any disputes arising between them with regard to these transactions shall be decided by the Court at Meerut. The Court below, holding that the suit filed by the defendant at Ambala was in flagrant violation of this agreement between the parties, has in the exercise of its discretion issued the injunction mentioned above. 2. The contention raised by the learned ....

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....is correct. It has been held that the Code of Civil Procedure is not exhaustive: Durga Dihal Das v. Anoraji (1894) 17 All 29 at p. 31. This view has been followed in the other High Courts. It has also been held that where the circumstances require it, the Courts have the power to act ex debito justitia in order to do that real and substantial justice for the administration of which alone they exis....

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....e finding of the Court below is not only one of fact with which we cannot interfere in revision, but is perfectly correct. The clause mentioned above is prominently printed and is just above the space provided for the signature of the constituent, that is the place where the defendant signed. There are several of these order forms, and it is impossible to believe that the defendant did not read th....