KRISHNA DEVI Vs. CHARAN SINGH

JUDGEMENT

(1.) This petition is dire,cted against the order dated the 26th of August, 1971, made by Shri H. C. Goel, Additional District Judge, Delhi, whereby he dismissed the application filed by the petitioner under order 44, rule I of the Civil Procedure Code. A copy of the said application has been filed as Annexure A with this petition and discloses that the application was preferred under the date 5th May, 1971. Earlier to the filing of that application the petitioner had preferred an application dated the 11th March, 1971, under the same provision, i.e. order 44. rule I of the Civil Procedure Code (hereinafter called "the Code").

(2.) Shri Charan Singh respondent before me had instituted a suit against the present petitioner for the possession of the premises in suit and for the recovery of Rs. 540.00 and had obtained a decree in his favour. The present petitioner wanted to file an appeal against the decree so obtained by the respondent. He moved the appellate court under order 44, rule I, which is :-

(3.) It is urged on behalf of the petitioner that while passing the order dated the 7th of May, 1971. the court had exercised the inherent jurisdiction which it declaredly had in terms of section 161 of the Code. A civil court has ample jurisdiction which is inherent in its constitution. Section 151 is a declaratory provision. By itself it does not confer any jurisdiction. Even then the inherent jurisdiction has to be exercised in order to secure the ends of justice and in order to prevent the abuse of the process of the court.