PUNJAB & HARYANA HIGH COURT
Naresh Chander Jain, J.
Sher Singh
Versus
Jangir Kaur
of,
Civil Revision No. 294 of 1990,
Decided On : MARCH 9, 1990
Police Help - Injunction Order - The court held that police help can be granted under the inherent provisions of Sec.151 of the Code of Civil Procedure when there is no provision made in the Code for dealing with a particular situation, such as the implementation of an injunction order. The power to make orders inheres in the court's power to implement the same, and to achieve this, police help can well be granted under the inherent provisions of Sec.151 of the Code.
Fact of the Case:
The revision petition is against the order of the trial Court granting police help to the respondents in whose favour the order of injunction was passed.
Finding of the Court:
The Court found that there is no force in the revision petition and held that police help can be granted under the inherent provisions of Sec.151 of the Code of Civil Procedure.
Issues: The issue was whether police help could be granted in cases where an injunction order has been passed.
Ratio Decidendi: The court ruled that when there is no provision made in the Code for dealing with a particular situation, the inherent jurisdiction of the Court under the provisions of Sec.151 of the Code can be availed of by a party for the redressal of its grievances.
Final Decision: The revision petition was deemed devoid of any force and was consequently ordered to be dismissed with no costs.
, J.
1. This revision petition is directed against the order of the trial Court granting police help to the respondents in whose favour the order of injunction was passed.
2. The learned counsel for the petitioner has argued that it has been held in Subal Kumar Dey V/s. Puma Chandra Giri, A. I. R.1989 Orissa 214, that police help could not be given in the cases in which injunction order has been passed. It has further been argued that the two judicial pronouncements relied upon by the trial court reported as Rayapati Audemma V/s. Pothineni Narasimham, A. I. R.1971 Andhra Pradesh 53 and Sunil Kumar Haider V/s. Nishikanta Bhandari, A. I. R.1983 Cal.266, have also been discussed in Subal Kumar Deys case (supra ).
3. After hearing the learned counsel for the parties and after perusing the relevant case law cited at the Bar, this Court is of the view that there is no force in the revision petition. It has been held in Rayapati Audemmas case (supra) that the Court can grant police aid under its inherent power as there is no express provisions in the Code of Civil Procedure for this purpose. While interpreting the provisions of punishment in case of violation of injunction order, it has been ruled that the provisions relating to punishment only deal with punishment for disobedience and they do not deal with implementation of the injunction order of the Court. The direction of police help was upheld by the Division Bench in Rayapati Audemmas case (supra ). In Sunil Kumar Haiders case (supra) it was specifically held that the Court can order police protection under the provisions of Sec.151 of the Code of Civil Procedure (for short the Code) In Subal Kumar Deys case (supra) the ratio laid down in the two judicial pronouncements, that is, one in Rayapati Audemmas case (supra) and the other in Sunil Kumar Haiders case (supra) has not been dissented or disapproved. The Court, on the other hand, was of the view that the grant of police help was a hasty action on the part of the Court In view thereof, it can be safely held by this Court that no ratio was laid down by the Orissa High Court The ratio laid down by the Andhra Pradesh High Court and the Calcutta High Court is squarely applicable to the facts of this case. While following the ratio laid down by the Andhra Pradesh and the Calcutta High Courts, it can safely be held that whenever there is no provision made in the Code of Civil Procedure for dealing with a particular situation, inherent jurisdiction of the Court under the provisions of Sec.151 of the Code can be availed of by a party for the redressal of its grievances. No provisions for implementation of the injunction order having been made by the provisions of the Code, police help can well be sought under Sec.151 of the Code. The power to make orders inheres in the court power to implement the same and to achieve this, police help can well be granted under the inherent provisions of Sec.151 of the Code The language of Sec.151 of the Code clothes the Civil Courts wide powers to order police help to a person who is unable to implement the same on account of his weakness. Surely, the orders of the Court once passed are not intended to remain unimplemented simply because a particular person is weak. If the provisions of Sec.151 of the Code are to be interpreted differently it would mean that a weak person cannot have the Courts orders implemented and this what precisely would not be the spirit of the law. No judicial pronouncement of this Court has been cited by either of the counsel.
4. In the view which I have taken above, this revision petition is devoid of any force and the same is consequently ordered to be dismissed. No costs.
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