Querist :
Anonymous
(Querist) 04 March 2011
This query is : Resolved
We are granted Temporary Injunction Order u/o 39, rule 1&2 against defandant D1. X being the brother of D1 is interfering and causing great obstruction. We applied for Ploice Aid u/s 151 CPC. Impleading X is one way. But I want to know - If the court has any INherent POwers u/s 151 CPC to DIRECTLY INCLUDE 'X'as additional defandant, while granting us the police aid ?
Chanchal Nag Chowdhury
(Expert) 04 March 2011
Why u/s 151 & not under O39 R 2A CPC.? This is the provision under which the court can punish violators whether he is a party or not.
Querist :
Anonymous
(Querist) 04 March 2011
Thanks for the reply. Actually, we already applied for POlice Aid in 2010 and expecting it to be granted very soon. Meanwhile, 'X' has been creating obstruction to our possession. SO, wanted to know IF the judge will have any INherent POwers to DIRectly add 'X' in the defandants list, in the POLice AID that will be granted? Sufficient proofs are there against 'X'.
Advocate. Arunagiri
(Expert) 06 March 2011
You need not add X as a party. The order against the Defendants will bind their agents and men also.
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