...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...circumstances this court can invoke its inherent power under Section 151, C.P.C. 5. Since the matter is not res integra, the best way to approach the question is...- We are of opinion that Section 151, C.P.C. would always be available to the court executing the decree, for in such a case, when the stay ...

...the court below i.e. Regular Suit No. 327 of 2014 along with an interim injunction application, under Order 39 Rule 1 and 2 read with Section 151 C.P.C. Defendants have...already been served and have put in appearance. However, objections have not been filed to the interim injunction application filed under Order 39 Rule 1 and 2 read with Section 151 C.P.C ...Counsel for the petitioner submits that in case the application, under Order 39 Rule 1 and 2 read with Section 151 C.P.C is not decided, the property in...

..., but did not remove the lock. Along with the suit an application under Order 39, Rule 2 read with Section 151, C.P.C was also filed praying that an injunction in mandatory...the non-petitioner to the effect that since the application was filed under Order 39, Rule 2 read with Section 151, C.P.C. hence the petitioner could have filed an appeal...under Section 151, C.P.C. and, therefore, since no appeal could be filed against the order passed under Section 151, C.P.C., it was only proper to file a revision petit...

...granting mandatory and prohibitory injunction to the plaintiff, on an application filed under Order XXXIX rules 1 and 2 read with Section 151 of Code of Civil Procedure.2. In the application under Or...and 2 and or under Section 151, C.P.C only. Against that order of the trial court, the defendant filed an appeal before the District Court and the District Court relying on a...judgment of this Court in Minerva Siksha Samiti, Bharatpur v. Smt. Mithlesh Kumari (1), held that mandatory injunction can only be granted under Section 151, C.P.C and...

...has, however, set aside the exparte award on certain conditions in the purported exercise of his powers under Section 151 C.P.C While allowing the application under...Section 151 C.P.C the Court below has said that if the appellant does not comply with the conditions imposed by it, the application of the appellant shall stand automatically...Section 151 C.P.C Order 9, C.P.C has made applicable to the trial of claim petitions under the Motor Vehicle Act. If the Court below found that no case had been made out for setting aside...

...Section 151 C.P.C. before the trial court for ensuring the implementation of injunction order granted by the said court. The learned trial court by impugned order has rejected the...under Section 151 C.P.C. was fully maintainable. It is further submitted that the application under Order XXXIX Rule 2-A C.P.C. is moved in case the...Section 151 C.P.C. is fully maintainable. Mr. Nripendra Mishra, holding brief of Mr. Manish Kumar, Advocate, learned counsel for opposite party no. 1 on the...

...injunction Ga-6 Under order 39 Rule 1 and 2 read with Section 151 C.P.C. filed by the father of the petitioners namely Late Chand Kishore and application A-11 under order 22 Rule 3 read with Section..., 2018 under Order 22 Rule 3 read with Section 151 C.P.C. and to the same, an objection has already been filed, however, this application has not been disposed of till date, though, it is necessary for...proper disposal of the suit as also the application preferred under Order 39 Rule 1 and 2 read with Section 151 C.P.C. seeking temporary injunction. As such, the present petition for the main prayer...

...application dated 02.12.2017 / 06.01.2018 filed under Section 45-A of the Evidence Act read with Section 151 C.P.C. within stipulated period. Having heard learned counsel for the petitioner...Section 151 C.P.C. within a period of two months from the date of production of certified copy of this order, strictly in accordance with law. The Court below will give the effective hearing to..., the writ petition is disposed of by directing the Court below to consider and decide the petitioner's application dated 02.12.2017 / 06.01.2018 filed under Section 45-A of the Evidence Act read with...

...its inherent power under Section 151, C.P.C, during the pendency of a proceeding by the tenants before the Record Officer under the Tamil Nadu Agricultural...applicable, the Lower Court ought to have invoked its inherent power under Section 151, C.P.C, and to have stayed the trial of the Suit. The learned counsel for the petitioner...Section 10, C.P.C, is not applicable to the facts of the present case. He would further submit that Section 151, C.P.C, also cannot be invoked to exer...

...application under Section 151 C.P.C. for necessary relief was rejected by the trial court, holding that such an application is not maintainable and remedy of the petitioner was to file an application under...submits that an application under Section 151 C.P.C. also could have been entertained. Having considered the submission advanced by learned counsel for the petitioner, this Court finds that...the provision contained under Section 151 C.P.C. is a residuary clause which would be available only if specific provision in the Code does not exist for the said purpose. The provision under Order...

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...petition has been filed with the following prayer:- "To decide the Application for interim injunction as well as application under section 151 C.P.C. filed by the Petitioner in the Regular Suit...& Application Under Section 151 C.P.C. called as Ga-25." 3. Considering the relief as sought, the trial Court is directed to decide the interim injunction application and the application under...Section 151 C.P.C. in accordance with law with all expedition preferably within a period of six weeks from the date of production of a certified copy of this order. 4. The writ petition is...

...under Section 151 C.P.C has been filed by the respondents for passing an appropriate order of injunction. The trial court was of the view that since the application under...Section 151 C.P.C The order of the trial court rejecting the application under Section 151 C.P.C has been challenged by filing a revision, whe...Order 39 Rule 1 and 2 was pending consideration, filing of the application under Section 151 C.P.C for the grant of same relief was not maintainable...

...Section 151 C.P.C2. The short controversy which is involved in this revision is as to whether the application moved by the applicant under Section ...expressing any opinion on the allegations which have been made in the application, court below had jurisdiction to deal with the application under Section 151 C.P.C the Court below...maintainable as admittedly the provision of Order 9, Rule 12, C.P.C were not applicable to the case.3. Learned counsel appearing for the...

...an order for consolidation can be made in a proper case in exercise of the inherent power of the Court now recognised by Section 151 of the Code of 1908”.3. This view was followed by the Patna High Court in .... 419 of 1955 dated 13-7-1956). I am inclined to agree with the above decisions and hold that the joint trial of suits may be ordered under the provisions of Section 151 C.P.C4...parties for convenience may agree to that course.”5. The learned Judge did not consider the question whether under the terms of Section 151 C.P.C joint trial of...

...objections of the parties, if any, to the Commissioner's report. On that day i.e, 6-4-1981, defendant-2 Tara Bai filed the present Memo/application under Section 151 C.P.C alleging....4. The plaintiff resisted the petition.5. The Court below dismissed the petition I.A No. 3 filed under Section, 151 C.P.C The Trial Court also dismissed LA. No. 5 for...question is what is the remedy to a party to complaining of fraud or misrepresentation being perpetrated on her. Section 151 C.P.C reads as:—“Nothing in this...

...the defendants petitioners had denied possession of those documents sought to be discovered. Thereafter, a second application stated to be under Section 151 C.P.C was moved...Section 151 C.P.C whereas it should be an application under Order XI, Rule 12 C.P.C as specific provision for granting such prayer is provided under the Code.... Therefore, if the application has been given the title of being a petition under Section 151 C.P.C the same is not to be entertained in view of case law of N.I.M.H...

...under section 151, C.P.C Both applications arise out of my order dated August 16, 1954 allowing the plaintiff's appeal in a suit under Section 49. This order of mine...leave to appeal to the Supreme; Court was filed on October 20, 1954 and the application purporting to be under section 151, C.P.C is dated March 30, 1955. The application...for leave to ap peal to the Supreme Court is not pressed but the application for invoking the court's powers under section 151, C.P.C is pressed and the rest of the order...

...filed under Section 151 of the C.P.C by the plaintiff for restoration of the suit which was dismissed for default, the present application has been filed under Section 227 of the Constitution of India....2. Learned court below has held that the petition under Section 151 C.P.C for restoration of the suit is not maintainable. Mr. Sinha, learned counsel has...canvassed before the court that the provision of Section 151 C.P.C can be invoked for restoration of the suit and in this regard the reliance has been placed on Full Bench...

...heard. The revision has to be admitted. I do not find any force in the contention that an order under Section 151 of the Code of Civil Procedure being discretionary is not revisable. An order under ...is not the same. Hence it is not desirable to consolidate the two suits.7. All these reasons indicate that the discretion provided under Section 151, C.P.C was...arbitrarily and illegally exercised by the trial Court. The trial Court has not at all considered the scope of Section 151, C.P.C which contemplates that nothing in this...