9911796707
TMI Blog1897 (1) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... against the Secretary of State for India and another gentleman, who is the purchaser under a certificate of sale following a decree under which certain property was put up for sale, and sold to meet the claim of the Government in respect of certain moneys due from the plaintiff, to set aside that sale. 3. An objection is taken by the Secretary of State in Council that he has not been served with the necessary notice under Section 424 of the Code of Civil Procedure to which he submits he is entitled before an action can be instituted. The question to my mind depends upon what is the true construction and effect of that section of the Code. The section runs as follows: 4. No suit shall be instituted against the Secretary of State in C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r not, becomes immaterial. 7. Now, the language of that section, read according to its ordinary and natural meaning, is precise and clear. It is a section dealing with procedure. We are asked to cut down the ordinary meaning of the words, and to hold that they mean something quite different from that which in their ordinary acceptation they do. The section says: No suit shall be instituted. We are told we ought to confine the words to a particular class of suits, that is, to suits founded on tort, and claiming damages. I am unable to see why the section should be cut down as suggested. 8. A variety of cases were cited in the Court below,---English cases based upon English Acts of Parliament in which the language and the subject-matt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lieu of reading Section 424 by the light of the decisions of the English Courts in cases under various English Acts of Parliament, where the language and in most cases the objects of the Acts are different, I prefer to read the section itself and try to arrive at a conclusion from the language used as to what the Legislature actually meant. But even if the true principle be that the statutory notice is only requisite in cases of tort, as I understand is the principle of Mr. Justice Ameer Ali's judgment, the plaintiff's suit in this case is based upon an alleged tort on the part of the Secretary of State, namely, in wrongfully selling the property, and asking for costs against him on the footing of such wrongful act. 11. If the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the Secretary of State until the expiration of two months next after notice in writing has been delivered to or left at the office of a Secretary to the local Government, and I can find no indication that any limitation has been put upon the word suit. Trevelyan, J. 13. I think it quite clear that the Secretary of State was entitled to notice of this suit for the reasons given by the learned Chief Justice. Hill, JJ. 14. The purchaser is entitled to his costs against somebody, and in the view of this Court the Secretary of State certainly ought not to have been made a party. [Maclean, C.J.---Do you ask to have the suit dismissed as against the purchaser?] Yes: for, although he is only the respondent, he is entitled to take ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
