The High Court did not have the jurisdiction to entertain the plaint, and legislative intervention was necessary to empower the High Court to issue emergent orders in certain situations.

1. C.M.P 1444/73 is a petition for injunction which has been filed by the plaintiff in a suit, the plaint of which has been presented in this Court. The plaint should have been presented before the Munsiff's Court at Thiruvalla. In Para.8 of the plaint, it is stated:

"As there is NGO. Strike the plaint and other papers are not received in the Thiruvalla Munsiff's Court and hence the plaint is being presented to the Honourable High Court for passing orders of emergent nature. Unless immediate orders are obtained there is possibility of imminent danger to the plaintiff and his property".

The plaint and the CMP. were sent before me and In CMP.1444/73,1 passed an order of interim injunction and notice. The defendant has entered appearance and learned Counsel appearing for the defendant raised a preliminary objection before me that this Court is not competent to entertain the plaint. Though in view of the prevailing circumstances by which the subordinate courts are prevented from functioning and thereby litigants are deprived of the elementary right of approaching them for emergent orders, I am constrained to uphold the preliminary objection. S.19 of the Civil Courts Act reads:

"S. 19 (1). The High Court may permit the Civil Courts under its control to adjourn from time to time for periods not exceeding in the aggregate sixty days in each year.

(2) During the adjournment of a Civil Court, the High Court shall have the power to make provisional orders in all urgent matters and for such purpose to receive appeals, plaints and petitions which would ordinarily be presented to such Civil Court and any such order shall remain in force only until the matter has been heard and decided by the court having jurisdiction."

The provision has no application here for the simple reason that there has been no adjournment of the civil courts as contemplated in S.19(1) of the Civil Courts Act. There is no power in the High Court Act also enabling the Court to receive plaints and pass orders in situations which are considered urgent. S.3 of the High Court Act which deals with the powers of a Single Judge empower, a Single Judge to exercise original jurisdiction under any law for the time being in force. That provision cannot be of any assistance to the plaintiff in this case. S.8 of the High Court Act which deals with the powers of a Vacation Judge

'S 8 (1). During the adjournment of the High Court the Chief Justice shall nominate a Single Judge of the reads:

High Court for the bearing of all matters which require to be immediately or promptly dealt with and such judge shall have all the powers of the High Court, except;in cases in which such power must be exercised under the provisions of any law by mate than one judge."

This is only complimentary to S.19 (2) of the Civil Courts Act. Counsel for the plaintiff relied on S.15 of the CPC. which reads:

"Every suit shall be instituted in the Court of the lowest grade competent to try it".

Relying on the above, he contended that S.15 confers jurisdiction on the High Court also to receive plaints and dispose of the original suits, though it may not be a court of the lowest grade. According to him, there is no want of jurisdiction in the High Court in receiving the plaint and passing emergent orders in the light of the circumstances pointed out in Para.8 of the plaint. I do not think it necessary to say that S.15 of the CPC., is not a provision conferring jurisdiction on any court. If there is a hierarchy of courts in whom original jurisdiction is conferred, S.15 CPC., which is only procedural in character says that the institution must be in the court of the lowest grade competent to try it. S.11 of the Civil Courts Act provides that the jurisdiction of a District Court or Subordinate Judge's Court, subject to the provisions of the Code of Civil Procedure, 1908, extends to all proceedings of a civil nature and the jurisdiction of a Munsiff's Court extends to all like suits and proceedings not otherwise e