Gautam Prasad @ Gootam Prasad and Anr. v. Wakil Rai and Ors.
Case brief
What is this about?
CWJC No.4784 of 2015, Patna High Court, decided 08-12-2015 by Mungeshwar Sahoo, J. Petitioners Gautam Prasad @ Gootam Prasad & Anr vs respondents Wakil Rai & Ors. Writ dismissed upholding the Munsif, Gopalganj order dated 16.04.2013 in Execution Case No.3 of 1997 recalling the order dated 18.04.2009 under Section 151 CPC; the execution case had been dismissed by mistake despite the appellate Court's stay of further proceedings in Title Appeal No.65 of 1997 / 2 of 2009; recall treated as exercise of inherent jurisdiction to correct a mistake, not amenable to interference in supervisory jurisdiction. No monetary relief.
What did the court decide?
The Court below exercised inherent jurisdiction under Section 151 CPC for doing justice by correcting the mistake, having recalled its order dated 18.04.2009 which was passed despite the appellate stay.