( 1 ) EVEN when it is brought to the notice of the High Court that the trial court has entertained a suit which is beyond the scope of its pecuniary jurisdiction and in which an order has been passed in contravention of the accepted rules of procedure and which amounts to abuse of process of court should the High Court nor exercise its powers under Article 227 of the Consituation of India without directing the party to avail of all alternative remedy provided by way of appeal from order and/or revision ? The aforesaid question arises in the backdrop of the facts that follow.

( 2 ) THE respondent-original plaintiff filed Regular Civil Suit No. 101 of 1985 in the Court of Civil Judge (J. D.) Gandhidham-Kutch inter alia praying that the action of the petitioner-defendant Kandla Port Trust in discharging the tender (in respect of the sale of vessel M. V. OBA) which was opened on 30/04/1984 and inviting another tender by Public Notice dated 25/02/1985 be declared illegal and void and it be further declared that there was completed contract of sale of the vessel `m. V. OBA lying in the waters of the Kandla Port. The respondent-plaintiff also prayed that the defendant be r