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Ganesh Narayan SaThe Vs. Purshottam Gangadhar Karve - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in4Ind.Cas.595
AppellantGanesh Narayan Sathe
RespondentPurshottam Gangadhar Karve
Excerpt:
civil procedure code (act v of 1908), section 151 - inherent power of court to make orders necessary for the ends of justice--such order not to be made where another remedy is open to a party. - .....decree which was confirmed by the high court and would in ordinary course be executed by the first class subordinate judge in whose court, the suit was filed. instead, however, of proceeding to execute in that court the opponent proceeded to the small cause court which prior to the filing of the suit in the first class subordinate judge's court had finished with the litigation so far as it was concerned. notwithstanding the fact that the opponent was entitled to execute the decree obtained by him, the judge of the small cause court, purporting to act under section 151 of the present civil procedure code, directed the applicant who was the defendant in the first class subordinate judge's court to refund the money obtained by him in execution from the small cause court. such an order could.....
Judgment:

1. In this case the opponent obtained a decree declaring that an attachment upon certain money effected through the Small Cause Court was invalid and decreeing that the defendant should repay the same to the plaintiff. That was a decree which was confirmed by the High Court and would in ordinary course be executed by the First Class Subordinate Judge in whose Court, the suit was filed. Instead, however, of proceeding to execute in that Court the opponent proceeded to the Small Cause Court which prior to the filing of the suit in the First Class Subordinate Judge's Court had finished with the litigation so far as it was concerned. Notwithstanding the fact that the opponent was entitled to execute the decree obtained by him, the Judge of the Small Cause Court, purporting to act under Section 151 of the present Civil Procedure Code, directed the applicant who was the defendant in the First Class Subordinate Judge's Court to refund the money obtained by him in execution from the Small Cause Court. Such an order could only be made if it was necessary for the ends of justice or to prevent the abuse of the process of the Court. We do not think that it can be said to have been necessary for either purpose because the opponent had already a decree which he was entitled to execute in the First Class Subordinate Judge's Court. We, therefore, set aside the order with costs.


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