HABIB MIR Vs. ABDULLAH MIR

JUDGEMENT

(1.) MUCH controversy is raised by learned counsel for the petitioner with respect to the powers of the Court in providing police assistance. It is contended that Court lacks powers to pass such direction. I am not impressed by this argument at all for the simple reason that Court has inherent powers under Section 151, Code of Civil Procedure to pass appropriate orders which are necessary for administering substantive justice and to prevent the abuse of the process of the Court. Nonetheless, assistance cannot be provided to enable a party to create rights in the suit property but such assistance can be extended to protect the right of the parties which are conferred upon it by substantive law or by mandate of a judicial order. Thus what emerges is that before order for police assistance is granted, it is the duty of the Court to apply its mind to ascertain that the direction which is sought to be implemented by police assistance is not evasive and does not admit ambiguity and uncertainty to the effect that it is quite ancillary to the basic direction of the Court. In the case on hand, relief requires the parties to maintain status quo whereas direction is passed to allow a party to cultivate a portion of suit land. Apparently, it runs in contrast to the primary direction, therefore, not sustainable and is set aside without putting the other side on notice because ultimate result will be the same.

(2.) BEFORE parting with, it needs a mention that if upon consideration of the main application of interim relief the Court grants a direction which entitles the party expressly or impliedly to cultivate the land nothing prevents the Court below to reiterate the direction of police protection, if the facts and circumstances call for such direction. Disposed of alongwith CMP.