Cochin Devaswom Board vs K. Gopalan Thanthri

This appeal is preferred by the Plaintiff - the Cochin Devaswom Board - against the lower Court''s order directing that the plaint should be filed in the Kottayam Dt. Court. This matter is governed by Clause E of Section 124 of Act 15 of 1950. It is expressly stated in that clause that all suits by or against the Devaswom Board should be instituted in the District Court having jurisdiction over the subject-matter of the suit. It is contended on behalf of the Appellant that provision applies only where suits are instituted within the territorial limits of the former Cochin State and in support of the provision, reliance is placed on Clause (3), Section 1 of the Act. This clause lays down that Part 2 of the Act applies to Cochin. Section 124 occurs in part 2. It does not appear from a reading of Clause (3) of Section 1 that Part 2, of the Act was meant to be confined to the territorial limits of the former Cochin area in the matter of jurisdiction to entertain suits. On the other, hand it appears that the section is intended to mean that the provisions in para 2 of the Act are (to apply?) to the Devaswoms in the former Cochin State. This is only a general provision. Section 124(2) contains a special provision. The general provision cannot override the special provision. The special provision is to govern suits by or against the Board no matter in which part of integrated State the suit happens to be instituted. The view taken by the lower Court is correct and calls for no interference. This appeal is accordingly dismissed with costs. The time limit fixed in that order will be computed from this date.