Granting of police help in a civil suit requires a finding regarding the violation of the injunction order, and applications under section 151 of the Code should be moved in the main suit, not in subsidiary petitions.

Vinod K.Sharma, J.

1. The petitioner has invoked the jurisdiction of this court under Article 227 of the Constitution of India for quashing the orders dated 17.2.2009 passed by the learned Civil Judge (Senior Division), Jalandhar. The orders are attached as Annexure P.9 and P.10 with this revision petition.

2. By way of impugned order Annexure P.9 application moved by the petitioner for expunging the application under section 151 of the Code of Civil Procedure (for short the Code) for providing police help has been ordered to be dismissed. The petitioner had claimed this relief on the plea that the application under section 151 of the Code was, in fact, moved in a petition under Order 39 Rule 2-A of the Code and therefore, it could not be taken on record of the civil suit.

3. Learned counsel for the partitioner did not press revision petition qua this order. Consequently order Annexure P.9 is upheld.

4. By way of order Annexure P.10, application moved by the respondents for providing police help for enforcing the order dated 17.11.2008 was allowed.

5. The respondents filed a suit for permanent injunction along with an application under Order 39 Rules 1 and 2 of the Code. The application was allowed and the petitioner herein was restrained from interfering in the possession of the respondents. Appeal against the said order is pending before the learned appellate court.

6. The respondents thereafter moved a petition under Order 39 Rule 2-A of the Code by taking a stand therein that order dated 17.11.2008 was violated by the petitioner herein.

7. The application was contested and is pending adjudication.

8. On the similar allegations on which application under Order 39 Rules 2-A of the Code was moved the respondents filed application under section 151 of the Code seeking police help to enforce the injunction order.

9. Police help has been granted by placing reliance on the judgment of Honble Supreme Court in the case of Meera Chauhan v. Harsh Bishnoi & Another, 2007 (2) Civil Court Cases 001 (SC), wherein Honble Supreme Court was pleased to lay down that when the parties violate order of injunction or stay order or act in violation of the order passed by the court, the court by exercising inherent power can put back the parties in the same position as it stood prior to issuance of injunction order or give appropriate direction to the police authorities to render aid to the aggrieved party for due and proper implementation of orders passed in the suit and also order police protection for implementation of such order.

10. There can be no dispute with the proposition of law relied upon by the learned Civil Judge. It is equally well settled that police help cannot be granted on the asking. Respondents admittedly filed a petition under Order 39 Rules 2-A of the Code which is still pending. It is yet to be determined whether there was any violation of injunction order by the parties and in case of success the respondents can always granted necessary relief. The petitioner can even be sent to civil prison for violating the order of injunction. In the absence of any finding regarding violation of injunction order police help could not be granted on mere asking. Operative part of the impugned order passed by the learned Civil Judge reads as under :-

"6. I have considered the arguments advanced by both the counsel for the parties and have gone through the case file carefully.

7. It is admitted fact that on the basis of application of the applicant-plaintiff, under Order 39 Rules 1 and 2 CPC vide order dated 17.11.2008, stay was granted in favour of the applicant restraining the defendant-respondents from interfering into the peaceful possession of the plaintiff over the property in dispute except in due course of law. So, this application under Section 151 CPC for providing the police help for the purpose of implementing the order is maintainable one. Keeping in view the application of the application supported with affidavit, the