MUKAND LAL Vs. GAYA PRASAD

JUDGEMENT

(1.) This case has been referred to a Full Bench on account of a divergence in the opinions expressed in two cases of this Court and that expressed in the Bombay High Court. The applicants applied to this Court praying that a certain witness, who was being examined in the Court below, should be allowed to be cross- examined by them on all the issues that arose in two connected suits. These two suits were being tried together, but the Court had perhaps passed some orders previously that evidence should be led by the plaintiffs in one suit on the issues arising in that suit or issues which were common to both the suits. When the witness, Bhagwan Das, was being cross-examined, the applicants counsel tried to put questions to him relating to issues which arose exclusively in the other suit, and the Court disallowed such questions.

(2.) The application in the High Court did not profess to have been filed under any specific provision of the law; but the learned Counsel admitted that it was not an application for revision under Section 115, Civil P.C. but should be treated as an application under Section 151, Civil P.C. or Section 107, Government of India Act. The learned Judge, who referred the case first to a Division Bench, expressed the opinion, which cannot be questioned, that Section 115 would not be applicable to such a matter, as no case had yet been, decided, the Court below having merely disallowed certain questions that had been put to the witness.

(3.) Section 151, Civil P.C. does not in terms confer any inherent jurisdiction on the Courts, but merely preserves the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the. Court. Ordinarily as pointed out by the learned Judge who referred the case first, the preservation of the inherent power would not enable Courts to extend the scope of powers specifically conferred upon them by other provisions of the Civil Procedure Code, and that Section 151 should not be utilised so as to make it supplementary to Section 115, Civil P.C. The inherent powers, which can be exercised by a superior Court, are ordinarily such powers as are necessary to exercise in relation to proceedings pending before it. The Calcutta High Court and the Lahore High Court have exercised the power of staying proceedings in a subordinate Court professing to act under Section 151. No other case has been cited before us showing that such a power had prior to 1906 been exercised in any other way in relation to proceedings pending in subordinate Courts.