AIR 1985 CALCUTTA 315 ::(1985) 89 Cal WN 372 ::(1985) 1 Cal HN 129

Calcutta High Court

Hon'ble Judge(s): G. N. Roy, S. P. Das Ghosh , JJ

Specific Relief Act (47 of 1963) , S.41(b), S.34— High Court trying suit in its ordinary original civil jurisdiction - Even then it is not subordinate to city civil Court. Letters Patent (Cal.) Cl.12. It is true that the High Court in the exercise of powers conferred to it under the Letters Patent, exercises ordinary original civil jurisdiction and in exercise of such jurisdiction tries the suit as a court of first instance but on that score, it cannot be contended that the High Court while exercising power under ordinary civil jurisdiction looses its character as the highest court of the State. It may be noted in this connection that even if in deciding a suit in its ordinary original civil jurisdiction, any question of law is decided by High Court, such decision will nonetheless be a decision of the High Court and as such binding on all courts and tribunals inferior to the High Court. By any stretch of imagination it cannot be contended that the High Court even in the exercise of ordinary original civil jurisdiction is subordinate to the City Civil Court and S.41 (b) is attracted if the Court which passes the order is not a higher Court. It cannot be contended that if a particular declaratory suit is a civil suit not covered within the scope and ambit of S.34 of the Specific Relief Act, the provisions of S.41(b) of the Specific Relief Act ha....