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Devender Singh   21 September 2022

police help under section 151

I have filed an urgent case four days ago under section 151 in the trial court against a defaulter who is violating the stay order of session court about our joint land .tomorrow suddenly the judge is going on departmental training for a week and after that the courts will be closed for 10 days due to dussehra festival holidays. in this time the defaulter will construct and grab the whole plot . police denies help without court orders. now what is the remedy ?


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 4 Replies

Dr J C Vashista (Advocate)     22 September 2022

How did Sessions Court has passed "stay" order ?

What do mean from the term "defaulter" ??

Section 151 of the Code of Civil Procedure, 1908 is not applicable in Sessions Court who holds criminal Court.

Facts are not clear.

1 Like

Devender Singh   22 September 2022

thanks for rectifying ... actually I have filed an urgent case four days ago under section 151 in the trial court against a defaulter who is violating the stay order of court about our joint land .tomorrow suddenly the judge is going on departmental training for a week and after that the courts will be closed for 10 days due to dussehra festival holidays. in this time the defaulter will construct and grab the whole plot . police denies help without court orders. now what is the remedy

Real Soul.... (LEGAL)     22 September 2022

why don; you file an injuction suit along with that file an application for intereme relife and get statsuquoa order.

Dr J C Vashista (Advocate)     23 September 2022

@ Devender Singh,

You will appreciate the fact that Section 151 CPC is inherent power of the Court but not substantial jurisdiction to unsettle already decide issues  which is applicable for seeking interlocutory / interim relief but not the main plaint / petition. 

For further clarification please read :

https://www.livelaw.in/top-stories/supreme-court-section-151-cpc-alternate-remedies-exist-my-palace-mutually-aided-cooperative-society-vs-b-mahesh-2022-livelaw-sc-698-207280

 


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