2010 (81) ALR 217
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Devi Prasad Singh,J.
Mohd. Hamja - Petitioner
Versus
Additional Civil Judge (S.D.) Lko.And Ors. - Respondent
MISC. SINGLE No. - 1191 of 2010
Decided on: 9.3.2010
Injunction - Compliance with Court Orders - The court has the power to enforce its orders and ensure compliance with injunctions granted by directing local authorities or the police to take necessary actions. The inherent power of the court under Section 151 of the Code of Civil Procedure can be exercised to advance the interests of justice and ensure compliance with court orders.
Fact of the Case:
The petitioner filed a suit seeking to restrain the defendant from changing the nature of the land, cutting trees, and raising construction in violation of the court's order for maintaining status quo. The trial court rejected the petitioner's prayer, stating that they should move an application under Order 39 Rule 2A of the Code of Civil Procedure.
Finding of the Court:
The court held that the trial court's rejection of the petitioner's prayer was not sustainable, as the inherent power of the court under Section 151 of the Code of Civil Procedure can be exercised to ensure compliance with court orders and advance the interests of justice.
Issues: The main issue was whether the trial court's rejection of the petitioner's prayer was justified and whether the court had the power to enforce its orders and ensure compliance with injunctions granted.
Ratio Decidendi: The court emphasized that the inherent power of the court under Section 151 of the Code of Civil Procedure can be used to advance the interests of justice and ensure compliance with court orders, even if specific provisions like Order 39 Rule 2A do not apply.
Final Decision: The court directed the Senior Superintendent of Police/DIG Lucknow and the opposite party to ensure that the parties maintain status quo, refrain from raising construction, and do not change the nature of the land, in line with the interim injunction granted by the trial court.
1. Learned Chief Standing counsel has accepted notice on behalf of opposite parties no. 1 and 2.
2. Issue notice to opposite party no. 3 returnable at an early date.
3. Petitioner had filed a regular suit no. 356 of 2004, Mohd. Hamja Vs. Zia-u-deen pending in the Court of Civil Judge, Senior Division (Court No. 24) Lucknow. Temporary injunction was granted by the trial court on 15.10.2004 and 17.12.2005 directing the parties to maintain status quo.
4. It has been alleged that the defendant respondent in violation of order passed by the Court is raising construction and also removing the trees standing over the land in question. Feeling aggrieved with the non-compliance of order passed by the Trial court, petitioner has moved an application with the prayer that defendant respondent may be restrained from changing the nature of land, cutting the trees and raising construction over the land in question. Additional Civil Judge, Senior Division had rejected the plaintiff petitioner's prayer stating that petitioner should move an application under Order 39 Rule 2 A of the Code of Civil Procedure. No order could be passed in pursuance to provision contained in Section 151 of the Code of Civil Procedure. Prima facie, order passed by the Civil Judge, at the face of record, seems to be not sustainable. Power to proceed for contempt of Court under Order 39 Rule 2A is deals with different subjects then the power of the court to maintain status-quo and ensure of the compliance of its order with the aid of police or authorities.
5. Hon'ble Supreme Court in a case in M/s. Ram Chand and Sons Sugar Mills Private Ltd. Barabanki (U.P.) Vs. Kanhayalal Bhargava and others, held that the court is competent to make suitable order under Section 151 of the CPC as may be necessary for ends of justice or to prevent the abuse of process of court. There is nothing in Order 29 of the Code of Civil Procedure which expressly or by necessary implication precludes the exercise of the inherent power of Court under Section 151 of the Code of Civil Procedure.
In one another case in Vikas Aggarwal Vs. Anubha their Lordship of Hon'ble Supreme Court held that inherent powers of the Court under Section 151 of the code of civil procedure can always be exercised to advance interests of justice and the technicalities will have no place in such matters. Order 39 of the Code does not expressly or by necessary implication preclude the exercise of inherent power by the court under Section 151 of the CPC. Court may pass appropriate suitable order to meet out the ends of justice.
In one another case in Vareed Jacob Vs. Sosamma Geevarghese and others their Lordship of Hon'ble Supreme Court reiterated the aforesaid principle and held that in appropriate matter court may pass appropriate order to meet out the ends of justice. It has been held that inherent power of the court is to do justice in addition to and complementary to powers conferred under CPC, expressly or by implication.
6. In a democratic and civilized society while dispensing justice courts posses two folds of duty. For the purpose to secure statutory and constitutional right delivery of judgment or pass an order or direction to meet the ends of justice and secondly to ensure that order passed by it while dispensing justice is implemented in its letter and spirit by the parties or authorities concerned. These are the basic tenets of rule of law in a civilized society so far as courts are concerned. Failure on the part of court to ensure the ends of justice may result into destruction of rule of law creating chaos in the society and breaking up social order. Accordingly, judicial officers or judges should always be alert to ensure that their orders are complied with by persons or authorities concerned.
7. In view of above, the court has got ample power to enforce its order. Local authorities or officers concerned may be directed to ensure the compliance of injunction granted by the Court. The court has got a
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