MOHINDER KAUR Vs. SURINDER JIT KAUR

JUDGEMENT

(1.) THE Plaintiff had filed an application under Order 39 Rule 2 -A of the Code of Civil Procedure (for short the 'Code'), for taking proceedings for Contempt of the orders of the Court. That application was dismissed in default on 25.7.1984. For restoration of that application the Plaintiff filed an application which was dismissed on 20.1.1986 on the reasoning that it was not shown as to under what provision of law, the application was maintainable. This revision is against the afore said order.

(2.) SECTION 151 of the Code gives inherent powers to the Court to do justice and to undo the order passed by it even if there is no specific provision, in the Code. If there is a specific provision, in the Code. If there is a specific provision then resort has to be made to that provision. Even if the counsel was not able to point out the provision, the learned Judge should have exercised his jurisdiction under Section 151 of the Code in order to do justice.

(3.) WHEN order dated 25.7.1984 was passed, even the opposite side was not present. Accordingly, order dated 25.7.1984 dismissing the application in default is set aside and the trial Court is directed to decide that application on merits in accordance with law.