INHERENT JURISDICTION

Sec 151 - Petition for clarification - Direction sought is for permission to install the name board at an enhanced height to be fixed by the Court -Entertainment of such application in the guise of clarification of the considered order passed by the executing court on the basis of evidence on record and confirmed by the High Court in revision will not only pay premium to the judgment debtors who have violated the decree, but it will create very serious in roads into the very system of administration of justice. [ Rajan Mohan vs P.V.Divakaran. 2001 (3) KLT 845 = 2002 (1) KLJ 183 . K.A.Mohammed Shafi (J)]

Sec.151 & 152 of the C.P.C. - The Original Court can exercise the interest jurisdiction even after the appellate Court has confirmed varied or reversed its decision. The Original Court can correct clerical or arithmatical mistakes in its judgments, decrees, orders or errors arising their from accidental steps or omission, and that inherent power can be exercised at any time. The only limitation in the matter is that the trial court should be in possession of the records of the case. If the trial court is not in possession of the records the forum will be the appellate court. [Kambil Vasudevan v. Mrs.K.K. Lakshmi, C.R.P.No.695 of 1996, dated 24-11-1999. (M.R. Hariharan Nair, (J)]

CPC - Sec. 151 - Suit dismissed for default . Restoration petition also dismissed for default - Petition to restore the restoration petition is maintainable . Order XLIII Rule 1(c) and Order IX Rule 9. [ Manoharan vs Ezhome Grama Panchayath. 2001 (1) KLT 905. K.A.Mohammed Shafi (J)]

Sec.151 -- Appeal filed against dismissal of innsolvency petition before the District Court -- The power of the appellate court is not taken away by way of the provisions of Insolvency Act. The appellate court has jurisdiction to stay the execution of the decree by invoking its inherent power under sec.151 CPC. [Ratna Kumar Vs.Kanaka Bai & Ors.1999(1) KLJ (NOC) 27 (S. Sankarasubban (J)].

Sec.151 -- Inherent power --The court has inherent power to extend the time for the deposit of the decree amount-The power should be exercised to meet the ends of justice and it should not affect the judgment . [Thambikunju Eliyas vs Abdul Razak Shukoor . 1999(1) KLT 770 = 1999(1) KLJ 556 S.Sankarasubban {J}]

Sec.151 -- Rejection of plaint for non--payment of balance court fee -- Under the inherent power of the court, the court can restore the suit into file in furtherance of justice. -- Application under Sec. 151 will lie for the restoration of the suit. [ Varghese & Anr Vs. Devi. Academy 1999(1) KLT 440 = 1999(1) KLJ 320. S.Sankarasubban {J}}

Or. I Rule 10. Impleading of Legal representative. Theory of substantial representation is sufficient . [ Mohanambal vs Veeramani. 1999(2) KLT 206. P.K.Balasubramanyan {J}]