OLLENNU J.: [His lordship stated the facts as set out in the headnote and continued:] This application was made originally under regulation 93 of the Local Court Procedure Regulations, and the local magistrate appears to have entertained it upon the strength of that regulation, which reads:
“A Local Court may in its discretion make any order within its powers and jurisdiction which it considers necessary for doing justice whether such order has been asked for by the party entitled to the benefit of the order or not, but in a civil cause judgment (save as to costs) shall not be given for a greater sum of money than that claimed in the particulars in the summons.”
It will be noticed that the said regulation 93 came under Part XII of the regulations, the part dealing with judgments and orders. From its very wording it is clear that the discretion given to the local court thereby can only be exercised when the said court is giving its decision in a cause or matter which is properly before i…