The court can exercise powers under Section 151 CPC for providing police help to ensure compliance of injunction order.

1. - By this revision petition the petitioner has challenged the order of learned Additional District Judge No. 3, Jodhpur dated 5.11.98 by which he restrained the petitioner to raise construction and ordered the respondent No. 2 to get it stopped. He also passed an order that the Station House Officer of Police Station Shastri Nagar be informed that he may restrain the petitioner with immediate effect to raise construction.

2. I have heard the learned counsel for both the parties at length.

3. M/s Sunmoon Printers filed a civil suit for permanent injunction alongwith which an application under Order 39 Rule 1 and 2 CPC was submitted. In the miscellaneous proceedings the following order was passed-

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4. When the defendant petitioner did not stop raising construction, petitioner filed an application under Order 39 Rule 2-A CPC and thereafter an application under Section 151 CPC in which it was stated that the petitioner was raising his constructions despite the injunction order and the proceedings under Order 39 Rule 2-A CPC. The trial court then sent a commissioner at the site and at that stage help of the police was not required. Then the plaintiff again moved an application on 22.10.98 under Section 151 CPC that despite the orders of the court the petitioner defendant was raising constructions day and night and had constructed underground portion without leaving set back and had raised pillars. Then again a commissioner was appointed who submitted his report on 24.10.98. The trial court was convinced that the petitioner was raising construction in defiance of the order granted under Order 39 Rule 1 and 2 CPC.

5. Reply of the petitioner defendant was that the plaintiff respondent Sunmoon Printers had based his application on wrong facts and hence was not maintainable. It was further averred that the police help could not be given in such a case and that earlier application of the plaintiff respondent was dismissed as the same was not pressed and the present application was barred by principle of res judicata. It was further averred that the petitioner was not contravening the order of the court and was raising his constructions according to the rules. The respondent No. 2 submitted his reply to the effect that the petitioner had not submitted any site plan as per order of the court and that on 24.9.98 a letter was written to the petitioner asking to submit site plan and raise constructions on his plot according to it. Shri R.K. Meghwal had submitted an affidavit in support of his reply. Learned trial Judge after hearing both the parties and after going through the record passed the impugned order.

6. Learned counsel for the petitioner submitted that the order of the trial court dated 17.8.98 was not certain. He submitted that the petitioner was raising his constructions as per the plan and that there was no necessity to obtain any permission from the RIICO so far as construction of underground portion is concerned. Learned counsel for the petitioner also submitted that M