Allowed

Purna Chandra Behera v. Budhiram Behera

Orissa HC12 Oct 2020CMP/461/2020

Case brief

AI extract

What is this about?

This Commission Under Paragraph 151 matter assailed the impugned order which refused police protection. The High Court held that the lower court failed to assign reasons and issued the order without noting the legal position. Accordingly, the order was set aside and matter remitted for a reasoned decision.

What did the court decide?

The impugned order under Annexure-4 is set aside and the matter is remitted to the learned Civil Judge, Bhadrak to pass a reasoned order within one month.

Purna Chandra Behera Vs Budhiram Behera — Civil Procedure and Limitation | Orissa HC (2020)

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CMP NO. 461 OF 2020

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02 12.10.2020 Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.

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Heard Mr. P.R. Mishra, learned counsel for the petitioner.

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The petitioner in this CMP assails the order dated 14.07.2020 (Annexure-4) passed by learned Civil Judge (Junior Division), Bhadrak in I.A. No. 155 of 2020 arising out C.S. 412 of 2018 rejecting an application under Section 151 C.P.C. thereby refusing to grant police protection to see that the interim order dated 06.03.2019 passed by the said court is respected.

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Mr. Mishra, learned counsel for the petitioner submits that it is the duty of the court to see that the order passed by it is respected. The court has ample jurisdiction under Section 151 C.P.C. to direct the concerned police authority, namely, I.I.C., Bhadrak (Rural) P.S. to see that the interim order dated 06.03.2019 directing the parties to maintain status quo is respected. Learned Civil Judge without taking note of the aforesaid legal position dismissed the said application by a cryptic order stating that there is no urgency in the matter.

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Taking into consideration the facts and circumstances of the case and on perusal of the impugned order, it appears that learned Civil Judge has passed the impugned order without assigning any

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acceptable reason. It is the duty of the court to see that the order passed by it court is respected. Section 151 C.P.C. empowers the court to direct for police assistance to see that the order passed by the court on an application under Order 39 Rules 1 and 2 C.P.C. is respected. In that view of the matter, this Court feels that the matter requires fresh consideration by learned Civil Judge (Junior Division), Bhadrak. Accordingly, the impugned order under Annexure-4 is set aside and the matter is remitted back to the learned Civil Judge(Junior Division), Bhadrak to pass a reasoned order taking note of the scope and ambit of Section 151 C.P.C. within a period of one month from the date of production of an authenticated copy of this order downloaded from the website of the Orissa High Court giving opportunity of hearing to the parties concerned.

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Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.

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K.R. Mohapatra, J.

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bks

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Purna Chandra Behera v. Budhiram Behera

Case brief

What is this about?

What did the court decide?

Purna Chandra Behera v. Budhiram Behera

Case brief

What is this about?

What did the court decide?

What the court decided

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