- (1.) Notice on behalf of opposite party Nos. 3 and 4 has been accepted by Mr. Manish Kumar. Issue notice to the opposite party Nos. 1 and 2 returnable at an early date. List immediately after service. Learned Counsel for the petitioner submits that the petitioner filed a Suit for permanent injunction which was numbered as Suit No. 255 of 1993 in which vide order dated 3.4.1993, the competent Court granted interim injunction in favour of petitioner restraining the opposite parties from interfering in the peaceful possession of the property in question. In spite of the injunction having been granted by the competent Court in the said Suit, the opposite party Nos. 1 and 2 continued to interfere in the property in question insofar as they are cutting the trees, which were erected over the disputed plot as well as the structures standing therein. Subsequently, the petitioner filed an application 113-Ga seeking police protection to ensure compliance of the order dated 3.4.1993 under section 151, Code of Civil Procedure alongwith affidavit. The said application was rejected by the order dated 8.8.2011. Being aggrieved, the petitioner filed revision which too was dismissed? vide order dated 12.10.2011 inter alia on the ground that the Courts have no jurisdiction under section 151, Code of Civil Procedure. Section 151 of the Code of Civil Procedure (C.P.C.) provides for the saving of the inherent powers of the Court in order to meet the "ends of justice" or to avoid the "abuse of the process of the Court". The Apex Court has held, Rules of procedure are handmaids of justice. Section 151 of the C.P.C. gives inherent powers to the Court to do justice. That provision has to be interpreted to mean that every procedure is permitted to the Court for doing justice unless expressly prohibited and not that every procedure is prohibited unless expressly permitted.
(2.) Hon'ble Supreme Court in a case in M/s. Ram Chand and Sons Sugar Mills Private Ltd.; Barabanki (U.P.) v. Kanhayalal Bhargava and others, 1966 AIR(SC) 1899 (V 53 C 384), held that the Court is competent to make suitable order under section 151 of the C.P.C. as may be necessary for ends of justice or to prevent the abuse of process of Court. There is nothing in Order XXIX 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 v. Anubha, 2002 4 SCC 468, 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 XXXIX of the Code does not expressly or by necessary implication preclude the exercise of inherent power by the Court under section 151 of the C.P.C. Court may pass appropriate suitable order to meet out the ends of justice. In one another case in Vareed Jacob v. Sosamma Geevarghese and others, 2004 6 SCC 378, 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 C.P.C., expressly or by implication.
(3.) 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.;