rukmini179 (Student) 28 February 2011

Urgent - Police aid u/s 151 CPC

Temporary injunction order was granted under order 39 rule 1 & 2, on defendant no. 1 & 2, till the disposal of the case.

We applied for police aid u/s 151 CPC for proper implementation of this injunction order.

CAN we INCLUDE a new defandant (real brother of defandant 1, as he is causing obstruction for our possession although he doesn't have any right), in the police aid/protection u/s 151 CPC ?

Pls reply asap. Thanks

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3 Replies

Ayush (Advocate) 28 February 2011

Police have no power under section 151 CPC. The powers under this section totally relates to the courts. However, if you want ot include another person as defendant in your case, you can approach the court and file for the amendment of the plaint by including that person as party. for this powers under order 1 rule10 CPC have been provided to the courts. if he has no right to create obstruction, he will be stayed from doing this.

sudarshan (advocate) 28 February 2011

hi.aayush did not get ur question it seems.court has got power to grant police aid u/s/151 of cpc.u need not necesarily file application under order 39 rule 2a for contempt.

rukmini179 (Student) 03 March 2011

Thanks so much for your replies. Let me explain a bit more in detail. Scenario- Injunction Order was granted in our favour, till the disposal of the case, u/o 39, rule 1&2, against defandants 'D1' & 'D2'. 'X' being the own brother of 'D1', is causing great obstruction to our possession and going against the Inj. Order. Now, Including 'X' as new party to our case through Impleading Petition is one way. BUT, my question is, Does the Judge have any Inherent Powers u/s 151 CPC to directly include new party 'X' (brother of D1), while granting Police Aid u/s 151 CPC ?