1950 Supreme(Nagpur) 63
HIGH COURT OF NAGPUR
Hemeon, Mudholkar
WISHWANATH RAMKRISHNA PANDIT – Appellant
Versus
2ND ADDITIONAL DISTRICT JUDGE – Respondent
Miscellaneous Petition No. 12 of 1950
Decided on : 11-09-1950
W R Pandit, Advocates
A writ of mandamus will not issue when there is an alternative specific legal remedy available to the applicant.
Headnote:
WRIT OF MANDAMUS - AVAILABILITY OF ALTERNATIVE REMEDIES - MANDAMUS WILL NOT ISSUE WHEN ANOTHER, AND EQUALLY EFFICACIOUS, REMEDY IS AVAILABLE TO THE APPLICANT.
Fact of the Case:
The applicant, Shri W.E. Pandit, filed four miscellaneous petitions seeking writs of mandamus against various courts and judges. He alleged that the judgments and decrees passed in certain civil and criminal cases were perverse, perfidious, and null and void. He claimed that he had no specific legal remedy to enforce his rights and that the issuance of writs was necessary to prevent a failure of justice.
Finding of the Court:
The court held that the applicant had alternative legal remedies available to him, such as the right to appeal against the decrees of the civil courts and the right to file an application for revision under Section 439, Criminal P.C., against the decisions of the Additional Sessions Judge. The court found that the applicant had allowed these remedies to be barred by time and that he was therefore not entitled to have a writ of mandamus issued.
Issues: 1. Whether a writ of mandamus can be issued when there is an alternative specific legal remedy available to the applicant? 2. Whether the applicant had a specific legal remedy to enforce his rights in the present case?
Ratio Decidendi: The court relied on the principle that a writ of mandamus will not issue when there is an alternative specific legal remedy available to the applicant. The court held that the applicant had a right of appeal against the decrees of the civil courts and a right to file an application for revision under Section 439, Criminal P.C., against the decisions of the Additional Sessions Judge. The court found that the applicant had allowed these remedies to be barred by time and that he was therefore not entitled to have a writ of mandamus issued.
Final Decision: The court dismissed all four miscellaneous petitions filed by the applicant.
1. This order will also govern the decision of Misc. Petns. Nos. 13 of 1950, 49 of 1950 and 50 of 1950.
2. The applicant in all these cases is Shri W.E. Pandit, Barrister-at-law. In Misc. Petn. No. 12 of 1950, he wants the issue of a writ of mandamus to the Court of the 2nd Additional District Judge, Nagpur, in whose Court he had instituted Civil Suit No. 26A of 1943 against three persons as Defendants. That suit was dismissed on 18-9-1944. Shree Pandit did not prefer any appeal against that decision but has now come up to this Court with a complaint that the judgment and decree passed in the suit are ''perverse and perfidious''; that the Judge is guilty of dereliction of duty and that consequently the judgment and decree are null and void and so no such appeal lay against the decision of the 2nd Additional District Judge. He wants certain directions to be issued to this Court. We may, however, point out that the judgment delivered by the Additional District Judge is in conformity with the provisions of Order 20, Rule 5, Code of Civil Procedure, and that this judgment was followed by a decree. This decree embodies the decision arrived at by the Judge and thus prima facie furnishes the aggrieved party with a right to appeal.
3. Miscellaneous Petn. No. 13 of 1950 is directed against the Fourth Civil Judge, 2nd Class, Nagpur. This Court also decided a suit instituted by the applicant originally in the Court of the Third Civil Judge, 2nd Class, but subsequently transferred to it. The suit was apparently decided on 8-5-1943. Shri Pandit characterises the decision of the Sub-Judge as ''unintelligible, capricious, arbitrary and perverse,'' in para. 6 of his petition. He, however, admits that there were both a judgment and a decree though, according to him they are null and void and so no appeal lay against that decree. He now wants this Court to issue a writ of mandamus to the Court of the Fourth Civil Judge, 2nd Class, requiring that Court to draw up a decree of the kind specified in the prayer clause of his petition. Shree Pandit has not filed a copy of the judgment and decree of the Court below, nor has the record of the case been caused to be placed before us. We are therefore not in a position to say what the exact contents of the judgment and decree are. Even so, what is certain is that the trial of the suit before the Fourth Civil Judge, 2nd Class, culminated in a judgment and decree.
4. The other two Misc. Petns. Nos. 49 and 50 of 1950 relate to the decisions in two criminal cases under the C.P. and Berar Regulation of Letting of Accommodation Act, 1946. They related to certain breaches of that law. In each of those cases Shri Pandit was convicted and sentenced to pay certain fines. He went up in appeal against his conviction and sentences to the Court of Session. His appeals were heard by the Second Additional Sessions Judge, Nagpur, who maintained his conviction in respect of each of the offences alleged against him but reduced the sentences considerably. Instead of preferring applications for revision under Section 439, Criminal P.C., against the decisions of the Additional Sessions Judge,. Shri Pandit has asked for an issue of a writ of mandamus against that Judge on the ground that the judgments delivered by him do not deal with all the points raised before him and consequently are not legal judgments. What he wants is that the High Court should require the Additional Sessions Judge to draw up a fresh judgment and to give particular kinds of findings on certain points raised before him by Shri Pandit as well as to ''dismiss'' the charges brought against Shri Pandit;
5. We would like to point out at the outset that the purpose of a writ of mandamus is to supply defects of justice and that accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing it though it may issue in cases where, although there is an alternative leg