Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2022 (8) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (8) TMI 1352 - SC - Indian LawsAppropriate Forum - Whether the High Court erred in exercising jurisdiction under Section 151 of the CPC, when alternate remedies exist under the CPC? - whether the Senior Judge on the Bench, who appeared for one of the parties, ought not to have heard the matter? HELD THAT:- Section 151 of the CPC provides for Civil Courts to invoke their inherent jurisdiction and utilize the same to meet the ends of justice or to prevent abuse of process. Although such a provision is worded broadly, this Court has tempered the provision to limit its ambit to only those circumstances where certain procedural gaps exist, to ensure that substantive justice is not obliterated by hyper technicalities. In exercising powers under Section 151 of the CPC, it cannot be said that the civil courts can exercise substantive jurisdiction to unsettle already decided issues. A Court having jurisdiction over the relevant subject matter has the power to decide and may come either to a right or a wrong conclusion. Even if a wrong conclusion is arrived at or an incorrect decree is passed by the jurisdictional court, the same is binding on the parties until it is set aside by an appellate court or through other remedies provided in law - Section 151 of the CPC can only be applicable if there is no alternate remedy available in accordance with the existing provisions of law. Such inherent power cannot override statutory prohibitions or create remedies which are not contemplated under the Code. Section 151 cannot be invoked as an alternative to filing fresh suits, appeals, revisions, or reviews. A party cannot find solace in Section 151 to allege and rectify historic wrongs and bypass procedural safeguards inbuilt in the CPC. Recalling a final decree in such circumstances cannot be countenanced under Section 151 of the CPC. The High Court erred in exercising its jurisdiction under Section 151 of the CPC, to hear and pass a detailed judgment recalling its earlier final decree dated 19.09.2013, rather than directing the respondents to pursue the effective alternate remedies under law. It is a wellestablished principle, both in jurisprudence and across the world, that “[N]ot only must justice be done; it must also be seen to be done” - In the present circumstances, it may have been more apposite for the concerned Judge to have recused from this case. The appellant should have brought it to the notice of the learned senior Judge at the very first instance, and not at this belated stage. The High Court should not have decided the recall application filed by the respondents, let alone pass such extensive orders which has the effect of unsettling proceedings and transactions which have a history of more than 60 years in a proceeding, basing on an application filed under Section 151 of the CPC. - Appeal allowed.
|