SRI KHOKAN GHARAMI Vs. SRI DEBEN MRIDHA

JUDGEMENT

(1.) The present application under Article 227 of the Constitution of India has been preferred by the plaintiffs in a suit for declaration and permanent injunction, challenging an order whereby the trial court refused the petitioners' application for police help to implement an order of status-quo, captioned to be under Section 151 of the Code of Civil Procedure, was refused by the trial court.

(2.) The trial Judge proceeded on the premise that such an application, since filed under Section 151 of the Code, was not in proper form. The parties, it was held, might invoke the provisions of Order XXXIX Rule 2A of the Code of Civil Procedure for getting justice.

(3.) Learned counsel for the petitioners argues that the court had ample power to grant police help for the purpose of implementing its own order by invoking its inherent powers under Section 151 of the Code.