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Civil Miscellaneous No. 21 of 1982, decided on 6th April, 1982.
Civil Procedure Code (V of 1908)-
.-- Ss. 151 & 15--Direct entertainment of suit in High Court- .,y, Applicant praying for direct entertainment of suit for recovery of about'; Three Crores of Rupees-Held, suit under law to be filed in Court of District Judge, which has unlimited jurisdiction-Application under S. 151 not competent and inherent powers not exerciseable in case not pending before Court of competent jurisdiction.
Ch. Fazal Hussain for Appellant.
This is an application under section, 151, C. P. C. by the applicant praying therein for a direct entertainment of a suit to be filed for recovery of Rs. 2,92,48,765 claimed as compensation from the Government.
The suit under law is to be filed in the Court of the District Judge which has unlimited jurisdiction in the suits. No application under section 151 C. P. C. is competent for the purpose, it is made to this Court. The inherent powers under section 151 are not exercisable in a case not pending before Court of competent jurisdiction. According to the very application itself, this Court consisting of the Judges, at present, in the High Court, has already dealt with the matter in its writ jurisdiction twice and so also it will not be proper for us to entertain the suit for its trial and determination. Moreover, this is not a case for removal of a suit but for direct institution and this is not lawful. Therefore, the plaint is returned for presentation to a Court having jurisdiction to the matter.
K. M. A. Appeal dismissed,
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