SAMARESH CHANDRA MUKHERJEE Vs. TARAPADA MUKHERJEE

JUDGEMENT

(1.) This Rule is directed against an order of the learned Munsif, refusing the Petitioner's application under Sec. 151 of the Code of Civil Procedure, simply upon the ground that, as an appeal lay from the order, in respect of which the application under Sec. 151 was moved, that Sec. had no application to the case.

(2.) The order in question was an order dismissing an application under Order 21, Rule 90 of the Code of Civil Procedure for default. As stated above, the learned Munsif, upon the view that the said order was appealable, refused to exercise his powers under Sec. 151 of the Code of Civil Procedure on the sole ground that, as an appeal lay from that order, that Sec. had no application.

(3.) We are wholly unable to agree with the learned Munsif in his above view of the law. It is not the law that the mere existence of an alternative remedy, either by way of appeal or otherwise, would be a bar to the application under Sec. 151 of the Code. That, of course, may be a matter to be taken into consideration by the Court, when it seeks to exercise its discretion under its inherent jurisdiction under the section. The existence of an alternative remedy, however, be it appeal or otherwise, would not by itself be an absolute bar to the exercise of powers under Sec. 151 of the Code.