TMI Blog1941 (1) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... with liberty to bring a fresh suit if necessary, because the parties had agreed to refer the dispute to arbitration which eventually proved infructuous. For the last 12 years Bugga has resided with his family, consisting of his mother and sisters, and carried on business in Calcutta as a broker and dealer in stocks and shares and is a member of the Calcutta Stock Exchange. Since 1936 Sawhney has employed him as his broker in various share dealings carried through in accordance with the rules and usages of the Calcutta Stock Exchange. Sawhney lives at Ramkola in the District of Gorakhpur near Lucknow and used to instruct Bugga by letter or telegram and sometimes orally in Calcutta. In 1937 a dispute arose over certain instructions given by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k exchange and the market rates by officials of that body. If tried at Gujranwala, most of this evidence will have to be taken on commission and unnecessary expense incurred. Sawhney has no connexion whatever with the Gujranwala District and it is difficult to conceive how he was permitted to file his suit in that Court. The explanation is that in his plaint he described Bugga as landlord and house proprietor - Wazirabad, District Gujranwala, who was for sometime carrying on business as a broker in Calcutta, The Judge at Gujranwala was induced to assume jurisdiction because Bugga owns an ancestral house and other immovable property at Wazirabad, and visits that place occasionally. According to Bugga's statement on affidavit the house ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imself by litigating at Gujranwala will be as great as that caused to Bugga is no justification. He verified his plaint at Ramkola. In such circumstances this Court, as has been frequently decided, is not powerless to prevent such abuses of its process. There can be no doubt that an injunction may be granted restraining. Sawhney from proceeding with the suit at Gujranwala on grounds of convenience alone and in spite of the provisions of Section 10, Civil P.C. For this proposition it is sufficient to refer to the judgment of Sale J. in Mungle Chand v. Gopal Ram ('07) 34 Cal 101 which has been followed repeatedly. In that case the plaintiffs in a suit instituted in the High Court obtained an injunction restraining the defendants from proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k this Court has power to restrain the defendant from proceeding with the suit at Bareilly if justice requires the step. The question is whether I should adopt this course. The Bareilly Court will doubtless stay the defendant's suit in the Bareilly Court, When that Court is informed that this Court has restrained the defendant from proceeding with that suit. I am not to assume that the Judge of the Bareilly Court will take any step unfair to the defendant, or compel him to act in any way inconsistent with his duty of obedience to this Court. 4. This decision was followed by me in A. Milton Co. v. Ojha Automobile Engineering Co. in which an injunction was granted restraining one of the parties from proceeding with a previously inst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isions, section 151, Civil P.C., provides that: Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. 6. In Durga Dihal Das v. Anoraji ('94) 17 All 29 at page 31, it was said by Blair J., that the Code is not exhaustive, there are cases which are not provided for in it, and he declined to believe that the High Court must fold its hands and allow injustice to be done. These words were adopted by Woodroffe J., in Hukum Chand Baid v. Kamalanand Singh at p. 931 and he added that the law cannot (as pointed out by Sir Barnes Peacock C. J.) make express provisions against all inconve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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