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...relief during the pendency of a petition under Section 18/20 of the Act, no resort can be had to the provisions of Section 151 C. P. C. to grant interim relief. It is argued...Section 151 C P. C. as those provisions only deal with procedure and cannot be invoked to effect the substantive rights of the parties. Reliance in this respect has been placed by learned...is competent under Section 151 C. P. C. to pass orders for interim relief, if it is of the opinion that the order tends to promote the ends of justice. It is submitted by...
....
The decree-holder thereupon filed an application for the amendment of the sale certificate under Section 151 C. P. C. On this application the executing court...versa.
4. Next it was argued that a mistake of this nature could not be corrected on an application under Section 151 C. P. C. Reliance was placed on a Single...an area of 47.28 acres were advertised for sale and were sold. Subsequently an application under Section 151 C. P. C. was made for the amendment of the sale certificate on...
...under section 151 c p c for it relates only to procedural matters, but not to substantive rights. It is further submitted that summary procedure is prescribed for trail of promissory note suits under...question whether the learned munsif could pass such an order under section 151 c. P. C. 1 am of the opinion that he cannot pass such an order....
"the inherent powers recognised by section 151 cannot extend to matters other than procedural. The court cannot resort to the
provisions of section 151 c p ...
...Section 151, Civil Procedure Code, this Civil Revision has been filed.
2. I have perused the impugned order. I have also beard Mr. P...Section 151, C. P. C, was rejected on the ground that no relief can be granted under that provision. Therefore, another application was filed challenging the report of the Commissioner wh...order on the ground that a defaulter like the petitioner is not entitled to invoke the jurisdiction under Section 151, C. P. C.
4. There can be no doubt that...
...ground of maintainability of the application under Section 151, C. P. C He submits that since the order dated 15. 1. 1983 was appealable under Order 43, Rule...contends that the Court below has committed no error of jurisdiction in entertaining and allowing the petition under Section 151, C. P. C. He submits that even if the order...learned counsels, I am unable to accept the contention of Shri Sarangi that the petition under Section 151, C. P. C, was not entertainable. It is well settled that in a...
.... A. 367 of 1972 was filed by the plaintiff-petitioners under Section 151. C. P. C. for the purpose of restoring I. A. 2123 of 1971. The District Munsif, Erode, holding that...the court has become functus officio subsequent to the dismissal of the suit and also dismissal of I. A. 2123 of 1971, and as such the petition under Section 151, C. P. C...jurisdiction under Section 151. C. P. C. the parties if advised may have a chance to file a petition to review the order.
5. Mr. Sengotian, the learned counsel...
...Section 151, C. P. C.
2. Facts leading upto the present petition are as follows :
Petitioner Binodilal, along with his two brothers Kirodimal and Mahabir...that Section 151, C. P. C. could not be invoked in a case where a party wants to assail a decree based on award on the ground of fraud. The remedy of the party in such a case...and consequently the suit had been dismissed. The plaintiff sought to invoke Court's power under Section 151, C. P. C. It was held that the plaintiff had his remedy by means...
...that enforcement of the order is sought to be prevented or obstructed, the court should not exercise its inherent power under section 151 c. P. C. And direct the police authorities to render all aid...ample jurisdiction to pass such orders under section 151 c. P. C."
The court further held that the police are bound to obey such directions. We find ourselves in..., grant such directions under section 151 c. P. C. But a writ of mandamus, does not lie. We are unable to agree with this contention. Section 151 cpc reserves the inherent power of the court. Arti...
...(1) This appeal raises the question as to how far a defendant in a suit can obtain a temporary injunction against the plaintiff under order 39, rule 1, read with section 151, c. P. C...the court under section 151 c. P. C.
(3) I shall briefly refer to the facts. The appellants are the plaintiffs in the suit filed for a declaration of title and for permanent...defendant could still be granted such relief under the provisions of section 151 c. P. C. It is argued that the supreme court has decided in manohar lal vs. Seth heerlal #3 that in the circumstances not...
.... C. read with Section 151 C. P. C. was not maintainable. It is true that the petitioner could bring a regular suit for the reliefs claimed by him but there is no hard and fast rule that the...powers under Section 151 C. P. C. in the circumstances of the present case. The above mentioned ruling is distinguishable and is not quite applicable to the facts and...under Section 151 C. P. C. in the present case.
12. In 1959 All LJ 818: (AIR 1960...
...present petition for the refund of court-fee purporting to be under Section 70 of the Tamil Nadu Court-fees and Suits Valuation Act, and Sec. 151, C. P. Code. Section 70 can...this position, he however seeks the grant of a certificate from this court in exercise of Its inherent powers under Section 151, C. P. Code, not directing or recommending...Mazumdar v. Maniklal Chandra (1928) 107 Ind Cas 825, all of which laid down that Section 151, C. P. C. enables a High Court to order refund of court-fee...
...9 was competent under Section 151 C. P. C. The controversy centred round the question as to whether an application for invoking the inherent powers of the Court under...such an application can be set aside under Section 151.
The learned Judges based this conclusion on the reasoning that Section 104(1)(i) and Order 43 Rule 1 C. P. C...dismissal for default of an application to restore a suit under Order 9 Rule 9 C.P.C. was maintainable under Section 151 C. P. C. We do not find any...
...TAPAS KUMAR GIRI, J.
(1.) AN order dated 22nd August, 2007 for rejection of an application under Section 151 C. P. C. for condonation of delay...District Judge, Fast Track 3rd Court at Sealdah. During the pendency of the appeal, the appellant/defendant filed an application under
(5.) Section 151 C. P. C...Section 151 C. P. C. before the Learned Civil Judge (Junior division) for depositing the rents of the above months and it was allowed on consent. The defendant did not deposit...
...ORDER V.R. Newaskar, J.
1. This is a petition under Section 151, C. P. Code for restoration of the revision petition.... 41, R. 19, C. P. Code can be invoked for the purpose. He also rejected the contention that power under Section 151, C. P. Code at any rate could be resorted to for the...the non-applicability of Section 151 C. P. Code does not appear to be exceptionable if I may say so with respect. If it is meant to say that since there is no specific power...
...revisions. It was further held that a revision petition dismissed for default could not also be restored under Section 151, C. P. C., because that section did not confer upon a...dismissed revision petition cannot be restored under Section 151, C. P. C. And my reason for thus respectfully differing from that view is based upon the very circumstances...be restored under Section 151, C. P. C.
5. As regards the other objection, the learned counsel for the defendants-respondents cites Article...
...following prayer:
"issue a direction to the learned Court of Civil Judge (Senior Division),
Mainpuri to decide 6-C application under Order 39 Rule 1 and 2 read with
Section 151 C. P. C. in Original...(Senior Division), Mainpuri is directed to decide application
6-C filed by the plaintiff-respondents expeditiously, preferably within a period
of three months from date of filing a certified copy of...
...on .application before the Additional District Judge under section 151 C. P. C. requesting therein that the assessment of Rs. 200/- as counsel fee has been wrongly made and...non-applicant raised a preliminary objection that no appeal was maintainable against and order passed under section 151 C. P. C. To fortify his submissions he referred to...AIR 1953 SC. 23 and AIR 1956 Bom. 598. In AIR 1953 SC. 23 it has been laid down that no appeal was maintainable against an order passed under section 151 C. P. C...
...taken out in the form of a Judge's summons under Rule 9 of the Company Court Rules, 1959 read with Section 151, C, P. Code, to declare as void, illegal End inoperative the...justice. It, therefore, follows that Order XXXIX, C.P.C. should not be considered as placing any limit on the scope of the inherent power under Section 151. In Senapathi v. Sri Amba Mills, , which was quite akin to ...wrong. Alternatively, it is also put that in exercise of the inherent powers of this court under Section 151, C.P.C., this court, should in such circumstances, and in order to...
...(1) The petitioner is the defendant in the lower court. The revision arises against the order in i. A. No. 1735/82, filed under section 151 c. P. C. To direct the respondent to demolish...civil procedure does not apply to the facts in this case because there is no reversion or variation of a decree of the civil court. Inherent powers under section 151 c. P. C. Are discretionary. The lower...restitution under sec. 144 c. P. C. Could be ordered. Even otherwise it is eminently a fit case to exercise inherent powers. It is true that the exercise of power under section 151 c. Pc. Is discretionary....
...application for substitution of the heirs/legal representatives in revision is an application under Section 151 C. P. C. and the period of limitation for bringing the heirs...Delhi 65. He also argued that S. 151 C. P. C. does not provide for any application and as such Article 137 of the Act is not attracted. He urged that inherent powers of the Court under Section...Union of India's case, a Division Bench of Delhi High Court also held that Order XXII, C. P. C. does not apply to revision applications.
8A. Section 151 C. P. C...