1955 Present: Sansoni J.

W. H. BUDDHADASA, Petitioner, and N. NADARAJA
Respondent

S. C. 90-In the matter of an Application for an Injunction under
 Section 20 of the Courts Ordinance
 

Injunction-Power of Supreme Court to grant injunctions-Conditions precedent- Liability of a servant of the Crown-Courts Ordinance (Cap. 6), s. 20--Income Tax Ordinance [Cap. 188), s. 79 (2) (a).

In an application for an injunction to restrain the respondent, in supposed performance of his functions as Deputy Fiscal, from wrongfully seizing and selling the movable property of the petitioner in alleged pursuance of the provisions of section 79 (2) (a) of the Income Tax Ordinance-

Held, that the power of the Supreme Court to grant injunctions under section 20 of the Courts Ordinance " is a strictly limited one to be exercised only on special grounds and in special circumstances". An injunction will not therefore be granted if the petitioner was in a position to apply to the District Court for an injunction at about the time that he filed his application in the Supreme Court or even if, between the date of his filing his petition in the Supreme Court and the date of hearing of arguments, the petitioner could have instituted action in the District Court.

Held further, that a servant of the Crown purporting to act in his official capacity on behalf of the Crown can be restrained from so acting by an injunction issued against him as an individual.

APPLICATION for an injunction under section 20 of the Courts Ordinance.

Issadeen Mohamed, with Carl Jayasinghe, for the petitioner.

Walter Jayawardene, for the Deputy Fiscal, Western Province.

 R. S. Wanasundera, Crown Counsel, as amicus curiae.

May 2, 1955. SANSONI J.-

The petitioner in this application has asked for the issue of an injunction under section 20 of the Courts Ordinance, Cap. 6, to restrain the respondent " from pursuing the unlawful action already committed " (i.e., the wrongful seizure of the petitioner's goods) " and to prevent further unlawful

actions about to be committed, namely, the sale of the petitioner's goods and the continuance of the seizure". He has also asked that the respondent be ordered to release the petitioner's goods already seized. The respondent is described in the caption as " N. Nadarajah of Colombo holding office as Deputy Fiscal, Western Province " while the petitioner is " W. H. Buddhadasa carrying on business under the name, style and firm of W. H. Hendrick and Sons at No. 63 Bankshall Street, Pettah Colombo".

The application was made by petition and affidavit to which were attached certain documents referred to therein, and was filed on 17th February. It came before Gunasekara, J., who ordered notice to be issued on the respondent returnable 22nd February. Notice was duly served on the respondent who filed his own affidavit and the affidavit of T. Murugaser, Assessor of Income Tax, both dated 19th March. The affidavits refer to certain documents filed along with them. In reply to those affidavits the petitioner's proctor filed two further affidavits dated 21st March from the petitioner and W. H. Hendrick, Managing Director of Messrs. Hendrick and Sons, respectively, to which were attached certain documents referred to therein.

The petitioner's complaint in his first affidavit is that " the respondent proceeded on the 14th February, 1955 to seize and seal up the goods belonging to the petitioner at premises No. 63, Bankshall Street, alleging that he was empowered under a certificate issued by the Deputy Commissioner of Income Tax in June, 1954, under section 79 (2) (a) of the Income Tax Ordinance to seize the goods belonging to a firm called Hendrick and Sons Limited ". He claims to have been the Director/ Secretary of the firm of Hendrick and Sons Limited which had been carrying on business at No. 63 Bankshall Street but had ceased to carry on business in those premises as from