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Lallu Ganesh Vs. Ranchhod Kahandas - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1878)ILR2Bom641
AppellantLallu Ganesh
RespondentRanchhod Kahandas
Excerpt:
.....of chapter xx of the code, including section 360, inapplicable to courts of small causes, notwithstanding the words 'any court other than a district court' and 'any court situate in his district' which occur in that section.michael westropp, c.j.1. the court is clearly of opinion that the effect of section 5 of the civil procedure code (act x of 1877), coupled with the second schedule to that act is to render the whole of chapter xx of the code, including section 360, inapplicable to courts of small causes, notwithstanding the words 'any court other than a district court' and 'any court situate in his district' which occur in that section. the consequence of this construction of the code is, that government resolution no. 2133, of the 3rd april 1878, at page 257 of part i of the bombay government gazette, of 1878, must be regarded as ultra vires, and invalid.
Judgment:

Michael Westropp, C.J.

1. The Court is clearly of opinion that the effect of Section 5 of the Civil Procedure Code (Act X of 1877), coupled with the second schedule to that Act is to render the whole of chapter XX of the Code, including Section 360, inapplicable to Courts of Small Causes, notwithstanding the words 'any Court other than a District Court' and 'any Court situate in his district' which occur in that section. The consequence of this construction of the Code is, that Government resolution No. 2133, of the 3rd April 1878, at page 257 of Part I of the Bombay Government Gazette, of 1878, must be regarded as ultra vires, and invalid.


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