1954 (5) TMI 39 - HC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction of District Court or Sub Court under the new Madras Hindu Religious and Charitable Endowments Act, 1951.
2. Interpretation of Section 103 of the new Act.
3. Retrospective application of procedural laws.
4. Vested rights of suitors to continue proceedings in the original forum.

Detailed Analysis:

1. Jurisdiction of District Court or Sub Court under the new Madras Hindu Religious and Charitable Endowments Act, 1951:

The primary issue was whether the District Court or the Sub Court has jurisdiction to hear and dispose of suits or applications commenced under Madras Act II of 1927 and pending after the passing of the Madras Hindu Religious and Charitable Endowments Act, 1951. The new Act altered the forum for such cases, defining "court" as the Subordinate Judge's Court for areas outside the Presidency Town, replacing the District Court wherever a Sub Court exists.

2. Interpretation of Section 103 of the new Act:

Section 103 of the new Act was pivotal in determining whether pending proceedings could continue in the District Court. The section states that all suits, applications, or proceedings pending at the commencement of the new Act may be continued by the Commissioner, provided they are not inconsistent with the new Act. The court concluded that the explanation to Section 103(j) does not imply that the District Courts' jurisdiction is ousted. The explanation ensures that the High Court retains jurisdiction over pending suits, but it does not suggest that District Courts cannot continue with pending proceedings.

3. Retrospective application of procedural laws:

The court examined whether the procedural changes introduced by the new Act have retrospective effect. It was argued that Section 93 of the new Act, which restricts the institution of suits to conformity with the new Act, implies retrospective application. However, the court held that Section 93 is prospective, as it does not explicitly state that pending suits should be affected. The omission of the phrase "or continued" after "shall be instituted" indicates that the Legislature did not intend to affect pending suits.

4. Vested rights of suitors to continue proceedings in the original forum:

The court emphasized that a suitor has a vested right to have a suit tried in the forum where it was commenced. This right is substantive and not merely procedural. The court cited the principle from the case of The Colonial Sugar Refining Co. Ltd. v. Irving, which states that a suitor's right to appeal or have a suit tried in a particular forum is preserved unless the forum is abolished or there is clear legislative intent to the contrary. The court found no express provision in the new Act that excludes the District Court's jurisdiction over pending proceedings.

Conclusion:

The court concluded that the District Judge erred in returning the plaint for presentation to the proper court. Instead, the District Court should have transferred the suit to the Sub Court under Section 24, Civil Procedure Code. The court emphasized that the vested right to continue a suit in the original forum is preserved, and the new Act does not retrospectively affect pending proceedings. The appeals and civil revision petitions were allowed, and the orders of the District Judge and Subordinate Judge were set aside. The parties were ordered to bear their own costs throughout.