Civil Procedure Code, 1908
Sections 96 to 100—Appeals from original decrees—Right of third party to appeal—Provisions are silent about the category of persons who can prefer an appeal—It is well settled legal position that a person who is affected by a judgment but is not a party to the suit, can prefer an appeal with the leave of the Court—Sine qua non for filing an appeal by a third party is that he must have been affected by reason of the judgment and decree which is sought to be impugned—Any aggrieved party can prefer an appeal with the leave of the Court.
[Paras 30 & 31]
Section 151—Inherent powers of Court—When applicable—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.
[Para 28]
Section 151—Inherent powers of Court—Purpose of—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, the Apex 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.
[Para 26]
Section 151—Inherent powers of Court—Binding effect of conclusion—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.
[Para 27]
Section 151—Inherent powers of Court—Exercise of—High Court recalled it’s earlier final order under the exercise of Section 151 CPC on the application of third party/respondents—Challenged to locus standi of respondents being third party to interfere and powers exercised by the High Court under Section 151 of CPC—Inherent powers enshrined under Section 151 CPC can be exercised only where no remedy has been provided for in any other provision of CPC— Sections 96 to 100 of CPC deals with the procedure for filing appeals from original decrees—Provisions are silent about the category of persons who can prefer an appeal—It is well settled legal position that a person who is affected by a judgment but is not a party to the suit, can prefer an appeal with the leave of the Court—Sine qua non for filing an appeal by a third party is that he must have been affected by reason of the judgment and decree which is sought to be impugned—High Court erred in exercising jurisdiction under Section 151 of the CPC, to hear and pass a detailed judgment recalling its earlier final decree, rather than directing the respondents to pursue the effective alternate remedies under law—Appeal allowed by setting aside the order passed by High Court.
[Paras 28 to 31, 34 & 35]
Decision : Appeal allowed