Legal Provisions Involved: Section 151 and Order XXXIX Rule 2-A of the Code of Civil Procedure, 1908

Judgement by: Odissa High Court

Bench/Judge: Justice Sashikanta Mishra

Facts

The petitioner filed a suit for partition and permanent injunction, claiming a one-third share in the property. He also sought permission to continue construction of his house under the PMAY scheme. The Trial Court granted a temporary injunction allowing construction. However, the defendants repeatedly obstructed the work. When the police refused to help without court directions, the petitioner filed an application under Section 151 CPC seeking police assistance. The Trial Court rejected this request, which was challenged before the High Court.

Key Legal Provisions

Section 151 and Order XXXIX Rule 2-A of the Code of Civil Procedure, 1908

Issues Raised

Whether a Trial Court can direct police assistance to enforce its injunction order?

Arguments of the Case

The petitioner argued that action under Order XXXIX Rule 2-A would not help because the construction would still remain blocked. The defendants argued that the CPC does not normally allow police help and that such power should be used only in exceptional cases.

Judgement

The Orissa High Court allowed the petition and set aside the Trial Court’s order. It held that courts can use their inherent powers under Section 151 CPC to seek police help when needed. The Court stressed that injunction orders must be enforced, or they lose their meaning, and directed the Trial Court to provide police assistance for construction work.

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