MOHD SHAMSUDDIN QUADRI Vs. STATE BANK OF HYDERABAD

JUDGEMENT

(1.) The limit to which the inherent power of a Court under Sec. 151 CPC can be exercised is the main point that falls for consideration in this revision. In its material terms, Sec. 151 CPC provides that nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice.

(2.) The material facts can now be noticed. The 1st respondent bank filed O S No. 1225/80 on the file of the 2nd Asst. Judge. City Civil Court, Hyderabad, and 0 S No. 1233/80 on the file of the 5th Asst. Judge, City Civil Court, Hyderabad, against certain defendants of whom one Guduri Laxminarayana was a common defendant. When 0 S No. 1233/80 came up for having before the 5th Asst. Judge, City Civil Court. Hyderabad, on 4-8-1980, the 5th Asst. Judge, City Civil Court, recorded the following proceedings :

(3.) 0 S No. 1225/80 filed against the revision petitioner one Guduri Laxminarayana and another Shaik Mahboob Stood posted for trial on 29-12-1980. The petitioner and Guduri Laxminarayana filed written statement contesting the suit and issues were also framed. On 10 12-1980 the bank's advocate filed a petition stating that the subject-matter of the suit was settled out of court and that the said suit posted to 29-12-1980 may be advanced to 10-12-1980 and necessary orders may be passed. The suit was, therefore, advanced from 29-12-1980 to 10-12-1980 and on that day, the bank's advocate endorsed on the plaint that satisfaction may be recorded. The Counsel for the defendants in that suit endorsed no objection. The suit was accordingly dismissed without costs on 10-12-1980. There is no dispute that in fact there was no adjustment entered into between the parties in O S No. 1225/80 and there was no satisfaction of the claim either.