M.S. Dandayudapani Iyer vs District Munsif

We are asked in these petitions to direct that a paragraph be expunged from the order of the District Munsif of Kallakurichi on the ground that it

contains language misrepresenting the conduct of a Vakil, petitioner before us, and damaging to him. I have already expressed my views on the

jurisdiction of this Court to make such an order in In Re: N. Krishnaswami Aiyangar, , and I have been shown and now see no reason for changing

them. Very little further in the way of authority has now been referred to. In fact, we have been shown no instance in which this power has been

exercised by this or any other Court not mentioned in the case just referred to. I observe that Civil Revision Petition No. 1396 of 1916 is not an

instance of the exercise of this power and was referred to as such only owing to the unfortunate misdeseription of the case in the judicial index of

this Court in Civil Revision Petition No. 888 of 1916 and A.A.O. Nos. 205 and 206 of 1914, also neither of the learned Judges in fact expressed

any opinion in favour of the use of the power unless in most exceptional cases. With these observations I again reach the same conclusion as in my

previous decision and, for the same reasons. I would therefore dismiss the Civil Miscellaneous Petition No. 848 of 1922 and Civil Revision

Petition No. 193 of 1922.

Devadoss, J.

I agree.