COMMISSIONER OF POLICE Vs. GAYATRI & ORS

JUDGEMENT

(1.) This petition challenges the impugned order dated 28.08.2014 passed by the learned Civil Judge who while disposing of the civil suit between the two private parties have given certain directions to the Commissioner of Police to organize training programmes for the police officials and also to take action against the SHO concerned. The only short question raised before me is if in a lis between the two private parties, can a trial court travel beyond the pleadings to pass such like directions since is not exercising writ jurisdiction.

(2.) Admittedly the civil suit was for permanent and mandatory injunction between the private parties wherein prayer was made to restrain the other from raising illegal construction and to demolish such construction. However during the course of the proceedings the matter was settled between the parties and they made statements before the learned Presiding Officer. The suit was thus disposed of and decree sheet was ordered to be prepared. Thereafter the learned Civil Judge proceeded to give following directions:

(3.) The coordinate Bench of this Court in University of Delhi and Anr. vs. Dr.(Mrs.) Neelam Gaur, 2002 63 DRJ 469 held as follows: