As s.151 of C.P.C. civil court have inherent power under which court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
- Civil court have unlimited as well as unaffected inherent power as per above s.151 of C.P.C.
- Basically civil court invoke inherent power to meet the ends of justice if the provisions of C.P.C.are not exhaustive.
- Civil court shall not exercise inherent power if C.P.C. provide specific provision.
- Inherent power of civil court is discretionary power & there is no legislative guideline how to exercise it. But it be exercise with wisdom by court.
- In civil suit/proceeding [ including execution as well as other miscellaneous application also] civil court may grant POLICE- AID for execution/implementation of degree/order of court under s.151 of C.P.C.
- Civil court may grant police aid to Court commissioner/Court receiver/bailiff for execution of order / decree of court under s.152 of C.P.C.
- Other Relevant provisions of C.P.C. s. 94,141, O.21 R.35,O.26,39,40
- No appeal lies against order passed as above under s.151 of C.P.C.
....Relevant Judgement.......
1) Om Prakash v/s Amar Singh 2020 Mh.L.J.803 (S.C.)
2) Raja Venkateswarlu v/s Mada Venkata Subbaiah 2017 SAR 980
3) Ratnabai Naik v/s Satwarao Naik A.I.R.1995 Bombay 61 =1995(1) Mh.L.J. 529
4) A.I.R. 1983 Calcutta 266
5) A.I.R. 1993 Calcutta 288
6) A.I.R.1996 Karanataka 257
7) A.I.R. 1961 S.C. 218
....... Please Comment & give Suggestions......
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