SATYA NARAIN Vs. DISTRICT JUDGE, CHURU

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition raises an important question of law and that is whether after amendment of C.P.C. by Code of Civil Procedure (Amendment) Act, 2002, the High Court can pass appropriate order when a case is made out of abuse Satya Narain & Ors. Vs. District Judge, Churu & Ors. of process of court, obviously in civil court and can dismiss the frivolous litigation by exercising power under Sec. 151 CPC.

(3.) Brief facts of the case are that a suit being suit no.17/2004 (106/1989, 23/1994) for eviction of one Bhagwati Prasad was filed by the trustees of one trust who are ten in number alleging that the suit property was gifted to the trust and the defendant is running a school in the suit premises and that act was unauthorised act of the defendant. That suit was contested by the said defendant Bhagwati Prasad and ultimately, after about 10 years in the trial court, the suit for eviction was decreed by the trial court i.e. Court of Additional District Judge (FT) Churu on 11.12.2004.