The jurisdiction of the High Court under Section 45, Specific Belief Act, is limited to issuing orders requiring specific acts to be done or forborne within the local limits of its ordinary original civil jurisdiction.

( 1 ) THIS is an appeal from a judgment and order of Banerjee J. dated 3rd March 1949 dismissing an application made under Section 45, Specific Belief Act. The petitioner was one of the sons and heirs of the late Samrangini Roy Chowdhuri, who was one of the recorded joint owners and occupiers of a market which was situate at 180 Kalighat Road, Bhowanipore. This market was supplied with filtered and unfiltered water by the Corporation of Calcutta and the owners were charged for this supply of water as water supplied for domestic purposes.

( 2 ) ON or about 22nd May 1917 the Corporation informed the owners that it had been resolved that the filtered water supply to markets and bazaars and the unfiltered water supply for cleansing the stalls, drains, streets (paths) of the markets and bazaars should be charged for under Section 230, Calcutta Municipal Act, at the ordinary rates for the supply of water for non-domestic purposes. The quarterly charge for water for non domestic purpos9s wag Rs. 312 and payment was demanded upon that basis. The owners protested and refused to pay for water at the increased rates, The charges for water mounted up and on or about 27th November 1948, the Corporation cut off the water supply of this market. Demands were made to the Corporation to restore the connection, but the latter refused to do so and this application under Section 45, Specific Belief Act was filed in this Court; on 15th December 1948. A Rule was issued and Banerjee J. made an interim order on the Corporation to restore the connection without prejudice to the rights and contentions of the parties when the matter would come up for hearing.

( 3 ) BEFORE Banerjee J. , it was contended by the Corporation that the supply of water to markets was supply of water for non-domestic purposes and therefore the increased charges were permissible and as the owners had refused to pay these charges the Corporation were entitled to cut oft' the water supply. On behalf of the petitioner, it was contended that the supply of water was clearly for domestic purposes as the water was required by the stall-holders for cooking and for other domestic purposes. After reviewing the authorities Banerjee J. came to the conclusion that the supply of water to this market was a supply for domestic purposes. The respondents were prepared to argue before us that this decision is erroneous, but it is unnecessary to decide the question finally because this case can be disposed of on other grounds.

( 4 ) ON behalf of the respondents, it was contended that this Court had no jurisdiction to make the order asked for in this ease. The petitioner in his petition prayed for an order directing the Corporation to restore the connection for filtered and unfiltered water at the said market and to recall or cancel demands which had been made at various times for increased charges.

( 5 ) THE market was situate in Kalighat Road, Bhowanipore and is common ground that those premises are outside the limits of the ordinary original civil jurisdiction of this Court. By the express terms of Section 45, Specific Belief Act, the jurisdiction of this Court is confined to the area within the limits of its ordinary original civil jurisdiction. The contention of the respondents is that as this Court is asked to direct the respondents to do an act outside the limits of its jurisdiction the Court has no jurisdiction whatsoever to make the order prayed for.

( 6 ) SECTION 45, Specific Belief Act, is in these terms:"any of the High Courts of judicature at Calcutta, Madras and Bombay may make an order requiring any specific act to be done or forborne, within the local limits of its ordinary original civil jurisdiction, by any person holding a public office, whether of a permanent or a temporary nature, or by any corporation or inferior Court of judicature. "

( 7 ) THE order which this Court can make is an order requiring a public officer or corporation or inferior Court of judicat