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Civil Miscellanous No. 20 of 1982, decided on 6th April, 1982.

Ss. 15 & 151-Entertainment of suit by High Court-Applicant seeking direct entertainment of suit of value of Rs. fifty lacs in High Court-Suit must be filed in Court of District Judge which has unlimited jurisdiction in original suits-Application under S. 151 not competent and inherent powers not exerciseable in case not pending before Court of competent jurisdiction.-[Jurisdiction].

Ch. Fazal Hussain for Plaintiff.

This is an application under section 151, C. P. C. by the applicant with a prayer to the effect that this Court may entertain a suit of the value of Rs. 50,00,000 claimed as damages from the Government:, : --

The suit under law is to be filed in the Court of the District Judge which has unlimited jurisdiction in the original suits and not before this Court. No application under section 151, C. P. C. is competent for the purpose; it is made to this Court.

This inherent powers under section 151 are not to be exercisable in a case not pending before a Court of comptent jurisdiction.

According to the applicant, the questions involved in the suit having already arisen before this Court in the exercise of its writ jurisdiction were accordingly dealt with and so it is prayed that it would be in the fitness of things' that this Court may determine the suit to be brought by the applicant. For this very simple reasons it may not even be proper to entertain this suit. A question of fundamental public importance, if any, can adequately be dealt with by the Court of original jurisdiction i.e. the Court of the District Judge. Moreover, this is not a case for removal of a suit but for direct institution and that is not lawful. .

Therefore, the plaint is returned for presentation to a Court having jurisdiction in the cause.

K. M. A.

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