Sitaram Hari Salunkhe vs Laxman Rambodh Dubey And Anr. on 2 August, 1979
"Apart from the provisions of Section 48 this would make applicable, to all proceedings other than suits, in the Courts, the procedure ordinarily applicable to suits, as is done; in Section 141, Civil P. C. itself, But the adapted section recognises that as a special provision with regard to procedure for matters under Chap. VII has been laid down in Section 48 of the Act itself, this Court by adaptation of Section 141 under Civil P. C. could not alter that provision. I may add as my opinion that matters could be much simplified if the Presidency Small Cause Courts Act were amended so that all the procedure could be provided for in one place as it were instead of being scattered about as it is, partly in the Act by reference in sections like Ss. 48 and 61 and partly by adaptations of the Code and partly by rules made under Section 9. This is, however, purely a personal opinion. I merely mention it because it seems that owing to those difficulties the actual provision applicable in the present case seems to have been lost sight of. In my opinion, therefore, the appropriate order that the learned Registrar should have made was merely to point out that the application in the form in which it stood could not be dealt with, but that the applicant if he considered he had a grievance and a right, and if and when the order of the Court was sought to be enforced so as to affect his right, could come to the Court under the appropriate provision under Order 21 of the Code and he would be heard."