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Appeal against an order under Section 45 of the Specific Relief Act; Competency of application by one of the petitioners; Interpretation of circular issued by the Inspector of Municipal Councils and Local Boards; Legal jurisdiction of the High Court under Section 45 of the Specific Relief Act; Availability of other specific legal remedies for the petitioner; Completeness of the remedy sought under Section 45 of the Specific Relief Act. Analysis: The judgment involves an appeal against an order made under Section 45 of the Specific Relief Act, where the competency of the application by one of the petitioners is questioned. The petitioner, intending to stand for elections, raised objections to the electoral roll preparation process, which were overruled by the District Election Officer. The petitioner then sought relief from the High Court, alleging that the circular issued by the Inspector of Municipal Councils and Local Boards influenced the decision against him. The High Court analyzed the circular's content, which directed the treatment of lease applications, and questioned the Inspector's intent behind its issuance. The Court noted that the Inspector had withdrawn the circular subsequent to the initial order. However, the Court delved into the legal jurisdiction under Section 45 of the Specific Relief Act, emphasizing that the High Court's jurisdiction is limited to acts within its civil jurisdiction. The Court highlighted that interference with functions outside its jurisdiction would exceed its authority. The judgment also addressed the availability of other specific legal remedies for the petitioner. It was argued that the petitioner's grievance was against the circular's influence on the decision, not the decision itself. The Court clarified that the petitioner's remedy against the decision lay in the right of appeal provided by law, which he had exercised. The Court emphasized that the existence of a legal remedy, regardless of the petitioner's belief in its efficacy, barred an application under Section 45 of the Act. Furthermore, the Court discussed the completeness of the remedy sought under Section 45, noting that the relief granted by the initial order could not be effective as the appeals had already been disposed of. The Court concluded that the order could offer no benefit to the petitioner and, therefore, lacked completeness. In a concurring opinion, Burn, J., agreed with the analysis and decision to set aside the learned Judge's order. The judgment highlighted the legal principles governing applications under Section 45 of the Specific Relief Act, emphasizing the importance of jurisdictional limits, availability of other legal remedies, and the completeness of the relief sought. The appeal was allowed with costs throughout, and the initial order was set aside, with counsel's fee fixed at a specified amount.
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