1930 (11) TMI 17

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....d, on 18th March, 1929, in A.S. No. 282 of 1926. 2. The learned Judge tabulated three points for decision, and decided them all except that he required a finding from the Lower Court as regards the yellow marked items on the suit map. This of course is provided for in Order 41, Rules 25 and 27. But the learned Judge has remanded the case "in the exercise of his Court's inherent power." No r....

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....ow a procedure which is contrary to what the legislature has expressly pointed out to be the proper procedure, as when in Order 41, Rules 27 and 28 the legislature has given a specific direction. 5. But after thus stating his view the learned Judge holds that he is overborne by authority. He particularly refers to Sheikh Muhammad Maracayar v. Rengasami Naidu (1921) 16 L.W. 515. I find there tha....

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....usnavi v. The Allahabad Bank, Ltd. I.L.R. (1917) Cal. 929 is direct authority for the rule that the inherent power must not be exercised when there is a specific provision in the Code, see page 936. The question propounded in this judgment follows the language of that passage. 6. Therefore it will be seen that Athappa Chetty v. Ramanatham Chetty (1919) 10 L.W. 359 : 37 M.L.J. 536 which the Judg....

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....37 M.L.J. 536 to what is undoubtedly the leading case in this matter, the Full Bench Calcutta decision, the headnote is both correct and clear. "Inherent jurisdiction must be exercised with care, subject ... to the condition that the matter is not one with which the Legislature has so specifically dealt as to preclude the exercise of inherent power." 7. In this state of the law I feel neither b....