AI Structured Summary
Not yet generated for this judgment
Judgment
Rajagopala Ayyangar, J.—This is a reference to this Court by the District Munsif of Namakkal purporting to be under the proviso to S. 113
of the Civil Procedure Code, and the questions as regards which the decision of this Court is sought are three :
Whether the Ordinance 5 of 1953, Acts 5 of 1954 and 1 of 1955 are all, or any one of them, is ultra vires as offending Arts. 13, 14 and 21 of
the Constitution?
Whether the suit is barred by limitation?
To what relief the plaintiff is entitled? Obviously questions 2 and 3 do not raise points which are capable of being referred to this Court under
the proviso to S. 113, Civil Procedure Code. But this apart, even as regards the first question, the learned District Munsif has not recorded any
finding that in his opinion the provision whose validity was impugned appeared to him prima facie to be invalid, though that is a condition required
by the provision before a reference could be made to this Court. The reference, therefore, was incompetent. No order as to costs.