AIR 1981 ALLAHABAD 219 ::1981 All CJ 252 ::(1981) 7 All LR 229 ::(1981) All WC 103

Allahabad High Court

Hon'ble Judge(s): Satish Chandra , C.J. AND Amar Nath Varma , J

(A) Provincial Small Cause Courts Act (9 of 1887) , Sch.II, Art.1— Phrase "any act" - Refers to a positive act which is either done or ordered to be done - It does not include an illegal omission. Article.1 of the Second Schedule deals with a suit concerning any act done or purporting to be done by or by order of the Central Government, etc. The significant thing is that the act should either be done by the Central Government itself or by its order. It seems to suggest @page-All220 that there should be a positive act which is either done or is ordered to be done. In this context it appears that this entry does not include within its purview an illegal omission on the part of the government.(Para 7) In view of S.18 (2) of the General Clauses Act, 1897, the definition of the word 'act' in S.3 (2) thereof is not directly applicable to the interpretation of the word 'act' used in the small Cause Courts Act, AIR 1970 Bom 307, Rel. on. Therefore, although an illegal omission is covered by the definition of 'act' in S.3 (2) of the General Clauses Act, the same is not included in Art.1 of the Second Schedule of the Small Cause Courts Act in view of the context in which the word appears.(Para 5 6) ....