The court has inherent power under S.151 CPC to requisition police aid for necessary help to enforce orders of the court, especially if there is likelihood of breach of peace and the obstruction is caused by a person bound by the decree or one whose claim is unacceptable.

K.P. Balanarayana Marar, J.

1. Revision arises from an order in execution. First respondent obtained an order against respondents 2 and 3 in a rent control petition filed in 1983. The order was confirmed in appeal and revision. A petition for execution was filed by the first respondent wherein delivery was ordered. Against that order 2nd respondent filed a revision before this court which was dismissed. A revision was filed by the 3rd respondent before District Court, Palghat which also was dismissed. Revision petitioner filed a suit before Munsiff', Court. Palghat for a declaration that the order in the rent control petition is null and void and for a prohibitory injunction seeking to restrain the decree holder from executing the order. A petition was moved therein for a temporary injunction which was dismissed by the Munsiff's Court. An appeal against that order is pending before District Court, Palghat. In the meantime the decree holder filed a petition for police aid to effect delivery. Revision petitioner lodged a caveat before the executing court seeking an opportunity to be heard before passing orders granting police aid for delivery of the property Notice of the petition filed by the decree holder was therefore given to the caveator. he filed a counter statement and opposed the petition. After hearing both sides the executing court granted police aid. That order is under challenge in this revision.

2. Has the executing court power to render police aid to the amin to effect delivery of possession of property? If so, what are the circumstances in which such aid can be granted? Are there any limitations in granting such aid and if so what are they? These are the questions require an answer in his revision petition.

3. The Civil Procedure Code does not contain any specific provision enabling the court to grant police aid to assist the amin to effect delivery of possession of property in execution of a decree or to assist any officer of court or any party for that matter to enforce any of the orders passed by the court. But it is the function and nay the duty of court to see that orders passed by it are enforced and the responsibility of enforcing the law is on the part of the police. If at the time of implementation of the order of court there is likelihood of any breach of peace the police force has to be requisitioned to face the situation in order to prevent the breach of the peace and to see that law and order is restored. If a request is made by the court it is the duty of the police to receive the same and render necessary assistance to the person who seeks enforcement of the orders of court.

4. Though there is no specific provision in the code enabling the court to render police aid the court has inherent power to requisition on the police for necessary help. S.151 of the Code provides that nothing in the Code shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.

5. Every court while dispensing justice has all such powers necessary to do the right and to undo a wrong. The test to see whether the court has or has not an inherent power to pass an order in any particular case is whether it falls under one or other of the provisions of the statute. If there is such a provision the court cannot exercise any inherent power whereas if there is none the court has inherent power to pass such orders as may be necessary to meet the ends of justice. Circumstances may arise which are not covered by any of the express provisions contained in the statute and where justice has to be done. Under such circumstances the court has power to do the right. The inherent power of the court is in addition to and complimentary to the powers conferred on the court under the Code. That being so the power should be exercised only if the matter does not fall within the ambit of the express provisions of the statu