- (1.) I am of opinion that this rule must be made absolute. The question is, whether a Small Cause Court in the Mofussil, has authority by any law, or by any power inherent in itself, to punish for the resistance of a process of attachment issued by it. In the Mofussil Small Cause Court Act (XI of 1865), no such power is expressly given, whereas in the Presidency Small Cause Court Act, an express provision is made for the exercise of that power by the Court.
(2.) The Judge of the Small Cause Court of Backergunge, in his present letter to this Court, argues that such power is given to his Court by Section 25, Regulation IV of 1793, because that Court is a Civil Court, modified only as to forms of procedure and rules of appeal. But in my opinion this is not legally a sound argument. Section 25, Regulation IV of 1793, expressly refers to Zilla Courts constituted under that law, and not to Mofussil Courts of Small Causes. Certain cases have been cited by the Judge of the Small Cause Court, especially that of Chunder Kant Chuckerbutty (9 W.R., Cr., 63) decided on the 22nd April 1868 (Loch and Glover, JJ.), in which it was held that the resistance of a process of a Civil Court can be punished by that Court without referring the offender to the Magistrate, and reference is made in that judgment to the fact, that Section 25, Regulation IV of 1793, is not repealed by the Repealing Act VIII of 1868. Not only has that decision been expressly overruled by the Full Bench Ruling in The Queen v. Bhagai Dafadar (2 B.L.R. (F.B.), 21); but further, as before observed, the Small Cause Court is not a Civil Court within the meaning of Section 25, Regulation IV of 1793.
(3.) Then as to the power inherent in any Civil Court, including a Small Cause Court in the Mofussil, to punish for contempt of Court by resistance of its process. There is a case cited before us of Abdulla and Matab Chaprasees (8 W.R., Cr., 32), in which it was held that the High Court had power to punish parties for contempt of Court without sending them for trial to the ordinary Courts of Criminal Jurisdiction; but that was in consequence of the High Court being by the Letters Patent made a Court of Record, and having all the powers of the late Supreme Court.;