• Civil Procedure Code, 1908 (V of 1908) S. 151 - Application filed by plaintiff for grant of police help has been allowed - In case where injunction is granted by the Courts below in favour of the plaintiffs and this Court grants status quo, J.) to be maintained with regard to possession, it would mean that the injunction in favour of the plaintiffs is continued - There is an injunction order by both the Courts below in favour of the plaintiffs specifically restraining the defendant from doing a particular thing - Revision - Parties were  directed to maintain status quo with regard to possession - It cannot be said that there is an injunction in favour of the defendant/petitioner because of the order of status quo which means that whatever position is existing, would relate back to the order passed by both the Courts below - Order upheld. (177) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S. 151 - Application filed by plaintiff for grant of police help has been allowed - In case where injunction is granted by the Courts below in favour of the plaintiffs and this Court grants status quo, J.) to be maintained with regard to possession, it would mean that the injunction in favour of the plaintiffs is continued - There is an injunction order by both the Courts below in favour of the plaintiffs specifically restraining the defendant from doing a particular thing - Revision - Parties were  directed to maintain status quo with regard to possession - It cannot be said that there is an injunction in favour of the defendant/petitioner because of the order of status quo which means that whatever position is existing, would relate back to the order passed by both the Courts below - Order upheld. Tarlochan Singh v. Rattan Kaur . (177) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S. 151 - Consolidation of suits - One of the issues in the suits is same i.e. with regard to properties of the deceased - In order to avoid conflicting judgments direct that both the suits are decided by the same Presiding Officer. (173) P.L.R. 0
  • Civil Procedure Code, 1908 (V of 1908) S. 151 - Correction - In the affidavit made in examinatiin-in-chief as witness - Clerical or typographical errors can always be allowed to be corrected and the other party can be compensated by costs - Inherent power under Section 151 of the Code of Civil Procedure can always be used for this purpose for the ends of justice and to prevent miscarriage of justice because the said power has been vested inter alia for such matter. (174) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S. 151 - Court passed the order of injunction in favour of the plaintiff restraining the defendants from cutting/removing the paddy crops, or changing the nature by making any encroachment and from dispossessing the plaintiffs forcibly from the land - Both the Courts below have already restrained the defendant from doing a particular thing and this Court when admitted the revision petition observed that status quo regarding possession shall be maintained which itself, means that it relates back to the order passed by the Courts below, who had granted injunction to the plaintiffs. (177) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S. 151 - Inherent jurisdiction of Court - Have found that the actual act of taking delivery with the police help was done without securing the order from the court for police help, the delivery effected must be taken as invalid and I direct the property to be put back to the judgment debtor - The judgment debtor shall not also put up any construction if such a reentry into possession is afforded through court - The power to order a redelivery is available under inherent power to the court when the court finds that the manner by which the execution was levied was erroneous - No further petition is necessary and the Executing Court itself shall direct the bailiff to redeliver possession of the property by issuing appropriate orders. (175) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S. 151 - Jurisdiction of the Tribunal to order refund of the amount appropriated by the revenue, during pendency of the appeal - Income Tax Act, 1961 (43 of 1961) - Power to ensure that its orders are not violated during pendency of a lis are inherent in any Court or Tribunal - In fact it is the bounden duty of the Tribunal to ensure where its order is violated that the violation is adequately redressed and money appropriated, is restituted - If such a power is held not to be available to the Tribunal, its interim orders would be flouted with impunity - If, the revenue was of the opinion that the stay order has been violated by the assessee or has been vacated, it should have approached the Tribunal for clarification by way of an appropriate application but instead proceeded in a ham-handed manner, to appropriate this amount - The order passed by the Tribunal, in our considered opinion, does not suffer from any error of jurisdiction or of law and must, therefore, be affirmed.  (173) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S. 151 - Petitioner -plaintiff had filed a suit against his son and brother, so the suit is between the family members - Even no service was effected upon the respondents-defendants as suit was withdrawn in 15 days of filing - Application for restoration - Admittedly in the present case, the suit was dismissed as withdrawn by the petitioner plaintiff on account of oral compromise effected between the parties in hope that the respondents-defendants will restore back the property to him - The withdrawal of suit without permission to file on the same cause of action may be by mistake or the wrong advice of the counsel - When the situation is such, then the Court is not powerless to order restoration specifically when no prejudice would be caused to anyone specially the defendants.   (173) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S. 151 - Rebuttal evidence - Misunderstanding has kept in the mind of the petitioners because of existence of issue - Additional evidence under Section 151 of the plaintiff is allowed to examine handwriting and finger print expert as a witness whose report is already on the file - Since the application for this evidence of the plaintiff is being allowed as additional evidence under Section 151 CPC, the respondent defendants would have a right to produce any other evidence in repudiation of the claim of the petitioners. (179) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S. 151 - Stay order - Assessee shall not seek any adjournment and get finalised the appeal fixed - In case assessee seeks adjournment or commits default in making payment or furnish bank guarantee within the stipulated time, the accommodation herein granted shall stand automatically cancelled - Counsel for the assessee brought to the notice of Tribunal that an appeal involving the similar issue is pending before a Special Bench - It was for the Tribunal to hear the appeal or adjourn the appeal - The Tribunal chose, instead, to adjourn the appeal as it could not be decided without decision of the reference - The endeavour of the revenue to interpret this order as an adjournment claimed by the assessee, in our considered opinion is erroneous as even a prima facie perusal of the order does not indicate any request by counsel for the assessee for an adjournment - Income Tax Act, 1961 (43 of 1961). (173) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S. 151 Order 21 Rule 32 - Powers cannot be exercised where a specific remedy is available - Decree for possession and the possession was delivered and the decree-holder was again deprived of the possession after one year and six months - Once the decree in possession has been satisfied and the plaintiff has again been deprived of the possession after a considerable time, the remedy lies in seeking appropriate relief by filing suit for possession and the powers under Section 151 CPC cannot be exercised where a specific remedy is available.         (180) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) S. 151/152 - Correction in the reference petition as well as in the award - Pleadings in terms of reference petition under section 30 of the Land Acquisition Act and the judgment passed therefore, can be subjected to necessary correction of clerical mistake by way of invoking powers under Section 151/152 CPC - Land Acquisition Act, 1894 (1 of 1894) S. 30.  (182) P.L.R.