SHANTI DEVI Vs. PANKAJ KUMAR

JUDGEMENT

(1.) Notice on behalf of opposite party Nos. 3 and 4 has been accepted by Mr. Manish Kumar.

(2.) Hon'ble Supreme Court in a case in M/s. Ram Chand and Sons Sugar Mills Private Ltd.; Barabanki (U.P.) v. Kanhayalal Bhargava and others, 1966 AIR(SC) 1899 (V 53 C 384), held that the Court is competent to make suitable order under section 151 of the C.P.C. as may be necessary for ends of justice or to prevent the abuse of process of Court. There is nothing in Order XXIX of the Code of Civil Procedure which expressly or by necessary implication precludes the exercise of the inherent power of Court under section 151 of the Code of Civil Procedure.

(3.) In a democratic and civilized society while dispensing justice Courts posses two folds of duty. For the purpose to secure statutory and constitutional right delivery of judgment or pass an order or direction to meet the ends of justice and secondly to ensure that order passed by it while dispensing justice is implemented in its letter and spirit by the parties or authorities concerned. These are the basic tenets of rule of law in a civilized society so far as Courts are concerned. Failure on the part of Court to ensure the ends of justice may result into destruction of rule of law creating chaos in the society and breaking up social order. Accordingly, judicial officers or Judges should always be alert to ensure that their orders are complied with by persons or authorities concerned.