Sec 151 cpc

Querist : Anonymous (Querist) 15 November 2011 This query is : Resolved
my case i am the defendant i was ex-party and the court has pass a ex-party decree against me then i filed set aside the decree. the court pass a order that the petition was allowed on condition that i have pay100 towards cost otherwise the petition stand to dismiss. but i have failed to pay costs on that dated. Subsequently i paid the cost and filed another petition under see 151 cpc for revoke the dismissal order whether the court has inherent power to restore the order its a conditional order that the ex-party order was set=aside on condition that petition allowed on payment of costs of Rs 100/- payaable on or before 16.9.2011 otherwise the petition stands dismissed.

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Arvind Sehdev (Expert) 15 November 2011
Reasons for not paying the costs i.e. Rs.100 on that date ??

If court ordered to restore the case on the costs of Rs.100 and as you say that you paid it afterwards... So why are you putting an application u/s 151 ???

What I could understand from your statement... I tried to answer... rest if you care to clear us more, please do....

Devajyoti Barman (Expert) 15 November 2011
Yes the court has power to do so for making substantive justice.

adv. rajeev ( rajoo ) (Expert) 16 November 2011
yes court has got discretionary powers to do so

Shailesh Kr. Shah (Expert) 16 November 2011
Already replied.

Advocate Bhartesh goyal (Expert) 16 November 2011
Yes under the inherent powers court can restore the suit.

Advocate M.Bhadra (Expert) 16 November 2011
The Court has inherent power u/sec.151 Civil Procedure Code to restore the suit.

prabhakar singh (Expert) 16 November 2011
Section 151 C.P.C. should be understood as very exhaustive section under which court can pass any order the code provide or does not provide for ENDS OF JUSTICE.