Madhya Pradesh High Court
M/S Swastik Road Lines Pvt. Ltd. Thr. vs Royal Sundaram Alliance Insurance ... on 4 December, 2017
THE HIGH COURT OF MADHYA PRADESH MP-1306-2017 (M/S SWASTIK ROAD LINES PVT. LTD. THR. Vs ROYAL SUNDARAM ALLIANCE INSURANCE COMPAY sh LTD. PATROLODGE ROAD CHENNAI THR.) e 1 ad Gwalior, Dated : 04-12-2017 Shri Vijay Sundaram, learned counsel for the petitioner.
Pr This Miscellaneous petition has been filed by the defendant a whose application under Section 151 CPC has been rejected by the hy Court of 11th Additional District Judge, Gwalior, vide order dated ad 24.11.2017.
Defendant-petitioner had filed an application under Section 151 M CPC which are at the stage of evidence of the defendant to the effect of that the photographs which have been produced by the defendants were supplied by the plaintiffs and, therefore, plaintiffs be directed to rt produce their original negatives or in the alternative accept the ou photographs as admissible or in the alternative file an affidavit in this C regard. Learned trial Court has rejected the application on the ground h that plaintiffs had opposed the prayer on the ground that the ig documents i.e. photographs produced by the defendant were not H supplied by the plaintiffs and, therefore, they are not liable to produce affidavit or original negatives or admit the said documents. In view of such facts, application has been rejected and liberty has been granted in favour of the defendant, petitioner that he is free to move in accordance with the provisions contained in law for discovery of such documents.
It is the contention of the learned counsel for the petitioner that the trial Court failed to appreciate that the documents were part of the report of the surveyor and, therefore, admittedly were in possession of the plaintiffs who had appointed the surveyor. If these documents are not admitted or produced in original in the form of negatives then irreparable loss shall be caused to the petitioner.
sh Learned counsel for the petitioner has placed a reliance on the e judgment of this High Court in case of Surendra Rathore Vs. ad Vishwanath Bhasin and another as reported in I.L.R. (2009) M.P. 1967, wherein the High Court has held that where there is no legal Pr impediment in filing the suit then under such circumstances even a inherent power cannot be exercised by the Court to grant injunction.
hy In fact it is settled principle of law that provisions of Section 151 ad CPC cannot be invoked for exercise of inherent powers of the Court in those cases where there are other substantive provisions available in M the CPC. Thus, a close perusal of the application filed by the of petitioner under Section 151 CPC will reveal that in fact petitioner was trying to make discovery of the documents by filing an application rt under Section 151 CPC whereas provisions for discovery of ou documents are provided under Order 11 CPC. C In view of such facts and also the fact that trial Court has given h liberty to the petitioner to file appropriate application as per the law ig has not rendered the petitioner as remedyless and therefore for not H mentioning the correct provision of law and applying the same at an appropriate time, cannot be used as an alibi seeking the relief by filing an application under Section 151 CPC. The case law, on which petitioner has placed reliance is not applicable to the facts and circumstances of the case and on the contrary its supports the view of this Court that where there is substantive provision of law even no relief can be granted including the injunction under the exercise of inherent powers under Section 151 CPC. Thus, in the opinion of the Court, trial Court has not committed any illegality or error in rejecting the application calling for any interference in exercise of supervisory powers vested in this High Court. Thus, the petition fails and is dismissed.
esh (VIVEK AGARWAL) ad JUDGE Pr a hy mani ad M SUBASR Digitally signed by SUBASRI MANI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=a649f7a3438773bf212183510475 I MANI 3746385b9875063a47872ca437af06fff8ef, 2.5.4.45=032100B5FBD6FFB92D489F3787 of 9CB5EB91D2812611546B7D1562BEE45CE CD006142951, cn=SUBASRI MANI Date: 2017.12.06 14:58:59 +05'30' rt ou C h ig H