Nazim Khan vs Madhav Singh - 1977 Supreme(MP) 542

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates:
Advocate Appeared:
For the Appellant : L.P. Bhargava
For the Respondent: S.G. Gokhale

Headnote:(1) Civil Procedure Code, 1908 - S.151 - proceedings in which Order 39, rules 1 and 2 apply - section 151 C.P.C. cannot be invoked.
       (2) Civil Procedure Code, 1908 - Order 39, rules 1 and 2 - party in whose favour a valid decree in the revenue proceeding by competent Court passed - execution of the decree under Order 39, rules 1 and 2 cannot be stayed.
       Short Note
       1. The revision petition had been filed against an order passed by the First Additional District Judge, Dewas on 25 - 1 - 1974, wherein the learned Judge dismissed the appeal and maintained the order passed by Civil Judge Class II Sonkatch, granting temporary injunction in favour of the non applicants directing the petitioner not to interfere with their possession.
       2. Held: It cannot be doubted that the proceedings to which Order 39, rules 1 and 2 of the CPC squarely applies, section 151 could not be invoked to nullify the provisions entertained in Order 39, rules 1 and 2. Where a valid order is passed in favour of the party in the revenue proceedings by competent Court, it could not be said that by executing the order passed by the Revenue Tribunals any injury is being caused to the plaintiff - non - applicant. It appears that the learned Court below did not examine the question keeping in view the principles of law. It is also clear from the orders passed by the trial Court as well as the Appellate Court that they did not exercise jurisdiction under section 151, and in this view of the matter, therefore, in the opinion of this Court, the orders passed by the Civil Judge Class II, Sonkatch and Additional District Judge Dewas cannot he maintained. Moolchand and another v. Tarachand, AIR 1929 Nagpur 138, Surendra Singh and others v. Sheoraj Bahadur Singh and another, 1975 JLJ 140, Manoharlal Chopra v. Rai Bahadur Rao Raja Seh Hiralal, AIR 1962 SC 527. Zalam Singh v. Lilabai, 1966 JLJ Note 129, Ramsingh v. Hardayal, 1972 JLJ SN 101, referred to.
       Revision allowed.