NANDLAL KEDIA Vs. LT. GOVERNOR

JUDGEMENT

(1.) NOT only the suit was wholly frivolous but this appeal is also wholly frivolous. The appeal is argued on behalf of the appellant by a counsel who is appointed by the Delhi High Court Legal Services Committee. The subject suit was filed by the appellant/plaintiff seeking application of Section 145 of the Delhi Police Act, 1978. The appellant/plaintiff claims that the Local Commissioner appointed by a civil court in Bhiwani, Haryana alongwith the police wrongly broke upon the locks of his office. The admitted facts however are that the appellant was in litigation with his brother in the courts at Bhiwani in a partition suit and in that suit after passing of the preliminary decree, a Local Commissioner was appointed to suggest the mode of partition including by measuring the suit property. Pursuant to the order of the civil court at Bhiwani, Local Commissioner took police help and broke upon the locks of the property in possession of the appellant/plaintiff and thereafter conducted the Local Commissioner proceedings. These proceedings are challenged by means of the subject suit under Section 145 of the Delhi Police Act, 1978.

(2.) SECTION 145 of the Delhi Police Act reads as under: -