SHAHBUDDIN GOURI Vs. FAZAL KHAN

JUDGEMENT

(1.) IN exercise of inherent powers under Section 151 of the Code of Civil Procedure the learned trial court issued directions to provide police help for implementing its order dated November 22, 1993. Against this order that the present action for filing the revision has been resorted to.

(2.) THE plaintiff non -petitioner (for short the plaintiff) instituted a suit for permanent injunction against the defendant petitioner (for short the defendant). The learned trial court on an interim application of the plaintiff, passed an order on November 22, 1993 directing the defendant to make the repair of broken 'Dar' of the roof by cement and Bajri within fifteen days failing which the plaintiff shall have the right to make the said repair. On June 2, 1994 the plaintiff made an application under Section 151 CPC to the effect that the defendant did not comply the orders of the court therefore he be permitted to make the said repairs. The learned trial court allowed the application vide its order dated September 22, 1995 and directed that the repairs can be made with the aid of the police.

(3.) LET a copy of the Commissioner report be forwarded to the trial court who after healing the parties shall ascertain the truth. A court has a duty to find out the truth. The fact that it is shrouded in mystery and the parties have allowed it to remain so, should not prevent the court from playing its own part in guiding the parties to take such steps as may be necessary, to unearth the mystery, and to ascertain the truth. Every court is constituted for the purpose of doing justice according to law and must be deemed to possess, as a necessary corollary, and as inherent in its very constitution, all such powers as may be necessary to do the right and to undo a wrong in the course of the administration of justice. The court has inherent powers to implement its orders with the aid of the police.