MOIDU Vs. PARTHASARATHY

JUDGEMENT

(1.) Revision arises from an order in execution. First respondent obtained an order against respondents 2 and 3 in a rent control petition filed in 1983. The order was confirmed in appeal and revision. A petition for execution was filed by the first respondent wherein delivery was ordered. Against that order 2nd respondent filed a revision before this court which was dismissed. A revision was filed by the 3rd respondent before District Court, Palghat which also was dismissed. Revision petitioner filed a suit before Munsiff', Court. Palghat for a declaration that the order in the rent control petition is null and void and for a prohibitory injunction seeking to restrain the decree holder from executing the order. A petition was moved therein for a temporary injunction which was dismissed by the Munsiff's Court. An appeal against that order is pending before District Court, Palghat. In the meantime the decree holder filed a petition for police aid to effect delivery. Revision petitioner lodged a caveat before the executing court seeking an opportunity to be heard before passing orders granting police aid for delivery of the property Notice of the petition filed by the decree holder was therefore given to the caveator. he filed a counter statement and opposed the petition. After hearing both sides the executing court granted police aid. That order is under challenge in this revision.

(2.) Has the executing court power to render police aid to the amin to effect delivery of possession of property If so, what are the circumstances in which such aid can be granted Are there any limitations in granting such aid and if so what are they These are the questions require an answer in his revision petition.

(3.) The Civil Procedure Code does not contain any specific provision enabling the court to grant police aid to assist the amin to effect delivery of possession of property in execution of a decree or to assist any officer of court or any party for that matter to enforce any of the orders passed by the court. But it is the function and nay the duty of court to see that orders passed by it are enforced and the responsibility of enforcing the law is on the part of the police. If at the time of implementation of the order of court there is likelihood of any breach of peace the police force has to be requisitioned to face the situation in order to prevent the breach of the peace and to see that law and order is restored. If a request is made by the court it is the duty of the police to receive the same and render necessary assistance to the person who seeks enforcement of the orders of court.