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AmIn Mallikarjuna Vs. Bangle Becran Kunhi and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1925Mad1212
AppellantAmIn Mallikarjuna
RespondentBangle Becran Kunhi and ors.
Excerpt:
- .....party (the defendant in the suit) to the munsif to take action against the amin under section 151, civil procedure code for abusing the process of court. the district munsif inquired into the matter and came to the conclusion, that the misappropriation complained of was true. ha therefore directed the amin to make good to the petitioner 52 paras of paddy and 1,000 bundles of straw, valued at rs. 57 and rs. 5 respectively.2. this order is now sought to be revised on the ground that the learned district munsif had no jurisdiction to pass such an order under section 151, civil procedure code. according to that section, courts have inherent powers to make 'such orders as may be necessary for the ends of justice or to prevent the abuse of the process of court.' it seems tome that, when an.....
Judgment:

Madhavan Nair, J.

1. An amin of the District Munsif's Court of Kaaargod is the petitioner. He was deputed by the District Munsif in the course of the execution of the decree in O.S. No. 331 of 1922, to inspect the locality and estimate the quantity of paddy and straw heaped at the place and to attach the same. It was alleged that, in discharging his duty, he misappropriated a portion of the paddy and straw. On that ground an application was made by the aggrieved party (the defendant in the suit) to the Munsif to take action against the amin under Section 151, Civil Procedure Code for abusing the process of Court. The District Munsif inquired into the matter and came to the conclusion, that the misappropriation complained of was true. Ha therefore directed the amin to make good to the petitioner 52 paras of paddy and 1,000 bundles of straw, valued at Rs. 57 and Rs. 5 respectively.

2. This order is now sought to be revised on the ground that the learned District Munsif had no jurisdiction to pass such an order under Section 151, Civil Procedure Code. According to that section, Courts have inherent powers to make 'such orders as may be necessary for the ends of justice or to prevent the abuse of the process of Court.' It seems tome that, when an officer of Court deputed to execute an order issued by it conducts himself dishonestly with the result that one of the parties to the suit in which the order was issued suffers thereby, the Court, on being informed of this fact, has jurisdiction under Section 151, Civil Procedure Code, to remedy the injury by passing necessary orders; and that is what has been done in this case. On the finding arrived at by the learned District Munsif, the order passed by him is eminently a just one. In these circumstances, I decline to interfere with the order under Section 115, Civil Procedure Code. The petition is dismissed. I am much obliged to Mr. G.N. Thirumalachari for helping the Court by his arguments on behalf of the respondents who were not represented in this Court.


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