AIR 2011 BOMBAY 18 ::2010 (6) AIR Bom R 632 ::2011 (1) AIR Kar R 554

Bombay High Court

Hon'ble Judge(s): D. K. Deshmukh, J. H. Bhatia, R. P. Sondurbaldota , JJJ

Specific Relief Act (47 of 1963) , S.41(b)— Presidency Small Cause Courts Act (15 of 1882) , S.6— Letters Patent (Bom) , Cl.13, Cl.36— Small Cause Court - Constituted under Presidency Small Cause Court Act - Is a Court subordinate to Bombay High Court on its original side - Consequently injunction can be granted by single Judge of Bombay High Court in exercise of Ordinary Original Civil jurisdiction restraining a party to a suit before it from instituting any proceeding in Small Cause Court constituted under Presidency Small Cause Courts Act. Civil P.C. (5 of 1908) , S.3— The Small Cause Court was a Court which was sub-ordinate to the High Court which was constituted under the Letters Patent. Under the Letters Patent, the High Court was exercising original civil, extraordinary original civil and appellate jurisdiction. Section 6 declares the Small Cause Court to be subject to the superintendence of the High Court, which exercise all these three jurisdictions. Therefore, there is no room to say that the Small Cause Court is not subordinate to the original side of the Bombay High Court. The Court of Small Causes at Bombay is subordinate to the High Court and to a single Judge exercising Original Jurisdiction therefore, the natural conclusion is that such single Judge exercise Original Jurisdiction is empowered to pass an order of ....