The petitioner number prays that all the adverse orders made in the previous proceedings be quashed and the said High Court be directed to have the above suit set down to be heard as undefended and pronounce judgment against the respondent or to make such orders as it thinks fit in relation to the said suit.
It may be mentioned here that though the aforesaid order rejecting the petitioners plaint was appealable, the petitioner did number prefer an appeal on the somewhat extraor dinary ground that the appeal if filed companyld number be heard by the Judges of the said Court as all of them were disqual ified from hearing such appeal either because of their interest in the Bank or because of their prejudice against him.
328 of 1951.Petition under article 32 of the Constitution for issue of writs in the nature of certiorari, prohibition and mandamus.
ORIGINAL JURISDICTION Petition No.
December 21.
The petitioner thereupon instituted a series of pro ceedings in the High Court at Bombay on its original and appellate jurisdiction challenging the validity of the said sale and transfer.
K. Daphtary, Solicitor General of India, J. B. Dadachanji, with him for the respondent.
The latest of these proceedings was a suit filed against the Bank in 1951 wherein the plaint was rejected on 2nd March, 1951, under Order 7, Rule 11 d , of the Code of Civil Procedure as barred by limitation.
The petitioner in person.
The facts appear in the judgment.
It appears that the petitioner held five shares in the Share capital of the Bank which sold those shales to a third party in purported exercise of its right of lien for recovery of a debt due to it from the petitioner, and the transfer was registered in the books of the Bank in the year 1937.
The Judgment of the Court was delivered by PATANJALI SASTRI.C.J. This is a petition under article 32 of the Constitution for the enforcement of the petition ers fundamental rights under article 19 1 f and article 31 1 alleged to have been violated by the Central Bank of India Ltd., a companypany incorporated under the Indian Compa nies Act, 1882, and having its registered office at Bombay, hereinafter referred to as the Bank .
