Legal IQ

Quick Referencer for JUDICIAL SERVICE ASPIRANTS – Remedy against Order under section 151, CPC

1 . What is the remedy available to an aggrieved party against an order passed under section 151 (Inherent powers of the courts) of Civil Procedure Code?

State Bank Law Officer Exam. 2006 (Based on memory). M.P. Judicial Service (P.T.) Exam. 1996 (similar question).

Ans: Remedy available to an aggrieved party against an order passed under section 151 is ‘Revision’ (Not Appeal) — Supreme Court in Keshardeo v. Radha Kissan, AIR 1953 SC 23.

Reasons: The Supreme Court in the famous case of Keshardeo v. Radha Kissan referred above observed that an order passed under section 151 simpliciter is not appellable in view of the provisions made in section 104 (Orders from which appeal lies), section 105 (Other Orders) and Order 43, Rule 1 (Appeal from orders).

Further in Mulraj v. Bhura, AIR 1931 L 344 it was held that if any appeal is entertained against the order passed under section 151, the judgment becomes Coram non-judice.

Again in Md. Akber v. Amar, AIR 1930 L 789 and in Kallu v. Munpal, AIR 1942 order 392 it was held that remedy against an order passed under section 151 is ‘Revision’ in the High Court. Similarly in Dinamani v. Pramananda, AIR 1980 Or 177 (FB) it was held that no appeal lies against an order passed under section 151 but revision is maintainable.

Thus, it is clear from the above decisions that remedy available to an aggrieved party against the order passed in exercise of inherent powers under section 151 is ‘Revision’ and not ‘Appeal’.

Note: Coram non-judice — A court which has no jurisdiction in the matter.

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