PULAK BARDHAN Vs. DISTRICT JUDGE SONBHADRA

JUDGEMENT

(1.) Shri S.D.N. Singh, learned counsel for the petitioner has assailed the order dated 5.2.1998 passed by the learned District Judge, Sonbhadra in Civil Revision No. 5 of 1998 on the ground that the said order is illegal, unjust and improper since it had taken a view that existence of Order XXXIX, Rule 2A of Civil Procedure Code precludes the civil court to grant an order of police aid for the purpose of maintaining its order of injunction granted by it. He points out from the said order that the learned court had come to the conclusion that the Civil Procedure does not provide grant of police aid in any of the provisions contained therein. He further contends that unless the police aid is not provided, the entire order granted' would become infructuous. Therefore, it is well within the jurisdiction of the Court below to provide police aid to maintain its order. He relies in the case of Jaishi and others v. Saligram, AIR 1981 NOC 88 (HP) 40, in support of his contention that such order granting police aid revisable under Section 115 of the C.P.C. He also relied on the decision in the case of Amir Singh v. Om Prakash and others, AIR 1978 All 16.

(2.) I have heard Shri S.D.N. Singh, learned counsel for the petitioner.

(3.) Admittedly, the application for seeking police aid is an application under Section 151 of C.P.C. The order passed on such application is definitely not an appealable order and as such revisable. There cannot be any doubt to such proposition.