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IN THE HIGH COURT OF MADRAS
Beasley, C.J.
S. Subramania Ayyar
Versus
Madras Drug Stores
Decided On : 23.10.1934
Registrar - Jurisdiction of Registrar to Pass Order in Execution Proceedings - The Registrar of the Court has the same powers as a Judge to make orders in execution proceedings, as provided under Section 35 of the Presidency Small Cause Courts Act.
Fact of the Case:
The matter came before the Pull Bench of the Court of Small Causes upon an order made by the Registrar of the Court under Section 52(2), Civil P.C. It was argued that the Registrar had no jurisdiction to pass such an order.
Finding of the Court:
The Court found that the Registrar had the power to make the order in question under Section 35 of the Presidency Small Cause Courts Act, as the Registrar has the same powers as a Judge in execution proceedings.
Issues: Jurisdiction of the Registrar to pass orders in execution proceedings.
Ratio Decidendi: The Court interpreted Section 35 of the Presidency Small Cause Courts Act, which provides the Registrar with the same powers as a Judge in execution proceedings, and held that the Registrar had the jurisdiction to make the order in question.
Final Decision: The Civil Revision Petition was dismissed with costs, as the Registrar had the power to make the order in question under Section 35 of the Act.
Beasley, C.J.
1. This matter came up before the Pull Bench of the Court of Small Causes upon an order made by the Registrar of the Court under Section 52(2), Civil P.C. It was argued before the Pull Bench that the Registrar had no jurisdiction to pass such an order. Section 35, Presidency Small Cause Courts Act, says:
The registrar may receive applications for the execution of decrees of any value passed by the Court and may commit and discharge judgment-debtors and make any order in respect thereof which a Judge of the Court may make under this Act.
The marginal note to that section is:
Registrar may execute all decrees with the same powers as a Judge.
2. It is admitted here by the petitioner that a Judge would have power to make .the order under Section 52(2), "Civil P. C, that is, the order in question here. This is clearly a proceeding in execution. That being so, the section is perfectly clear and unambiguous. The Registrar has exactly the same powers as the Judge and exercises these powers in execution. This is not a suit as contended here. The Registrar therefore had power to make the order in question. Under these circumstances the order of both the Registrar and of the Full Bench on appeal was correct and this Civil Revision Petition must be dismissed with costs.
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