TMI Blog1982 (4) TMI 294X X X X Extracts X X X X X X X X Extracts X X X X ..... ra District in the post Of Sub-Divisional Public Relations Officer was transferred to Kanchanpur T.D. Block in the same rank , by an order of the Joint Director, Information, Cultural Affairs and Tourism, Government of Tripura, Agartala dated 30-9-81. Being aggrieved by the said order of transfer the plaintiff opposite party instituted T.S. No. 314 of 1981 in the Court of Sadar Munsiff, Agartala for declaration of the order of transfer as void, invalid and illegal and for perpetual injunction. A prayer for temporary injunction was also made by the plaintiff whereupon Misc. Case No. 390 of 1981 was started. As regards temporary injunction the learned Munsiff tided over the constraint of the provisions of Sub-section (2) of Section 80, C.F.C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C.P.C. there was no mention of the appellate Court and it was ruled in these cited cases that where appeal lies to any Court below the High Court revision under Section 115, C.P.C. lies to the High Court and that if the appeal lies to the High Court revision under Section 115, C.P.C. cannot be entertained. But in order to avoid the ambiguity found in the provisions of the old section the amendment to Section 115, C.P.C. has made it clear that revision is barred against the order in which an appeal lies either to the High Court or to any Court subordinate thereto. So it is found that revision is incompetent against an order in which appeal lies either to the High Court or to any Court subordinate thereto. In that view this revision is quite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Munsiff exercised his inherent power under Section 151 C.P.C., or he exercised his powers under Rules 1 and 2 of Order 39, vanishes. It is sufficiently clear that the learned Munsiff passed the impugned order under Section 151, C.P.C. Learned counsel for the defdt. opp. party, however had no submission that the revision is incompetent against an order passed under inherent power of the Court. 4. This leads us to the question whether the learned Munsiff was wrong in exercising his inherent power under Section 151, C.P.C. Learned counsel for the defdt. pelitioners relied on S. M. R. O. Mills v. Hindustan Motor Ltd. AIR 1973 Gau 120 wherein learned single Judge, Baharul Islam (as he then, was) found it is settled law that Section 151 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, if a case does not come within the provisions of that rule, there is no scope to resort to Section 151 for setting aside a decree, 5. In the instant case it has to be found whether the impugned order could be passed by the learned Munsiff under Section 151, C.P.C. Sub-section (2) of Section 80 C.P.C. provides that a suit to obtain an urgent or immediate relief against the Government or any public officer in respect of any act purporting to be done by such public officer in his official capacity may be instituted with the leave of the Court without serving any notice as required by Sub-section (1) of Section 80, C.P.C. But it is provided further that the Court shall not grant relief in the suit interim or otherwise, except aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or otherwise, are sufficiently dealt with under the provisions. The learned Munsiff records in his impugned order if only show cause notice is issued the learned counsel to the plaintiff-petitioner argues the defendant would frustrate the object of the suit by implementing the impugned order and in that event the justice would be helpless spectator and the Court's process would be futile. Considering the compelling circumstances I am inclined to exercise the inherent power under Section 151 C.P.C. in issuing ex parte interim injunction. Therefore, it is quite clear that the learned Munsiff found that the relief asked for by the plaintiff was urgent and/or immediate But the provisions of Sub-section (2) are clear and a situation like t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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