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Documents citing Raja Debi Bakhsh Singh vs Habib Shah on 29 April, 1913

Dan Singh Bist vs Additional Collector, Bijnor And Ors. on 6 May, 1959

22. Debi Bakhsh Singh v. Habib Shah, ILR 35 All 331 (PC), was a case where on the non-appearance of the plaintiff in a suit against the respondent the Deputy Commissioner dismissed it in appeal; the plaintiff was in fact dead at the time the order was made; his son and heir brought these facts to the notice of the Deputy Commissioner, who thereupon set aside his order of dismissal. The Judicial Commissioner reversed his order. Restoring the Deputy Commissioner's order the Privy Council, after referring to Section 151, pointed out that an abuse of the process of the Court had occurred in the course adopted by the Judicial Commissioner and observed : "Quite apart from Section 151, any Court might have rightly considered itself to possess an inherent power to rectify the mistake which had been inadvertently made. But Section 151 could never be invoked in a case clearer than the present, and their Lordships are at a loss to understand why, apart from points of procedure and otherwise, it was not taken advantage of." Special notice should, I think, be taken of the words "Quite apart from Section 151".
Allahabad High Court Cites 21 - Cited by 2 - Full Document

K.B. Mohammad Maqsood Ali Khan vs B. Hoshiar Singh And Ors. on 8 January, 1945

That Section 151 does not confer any power upon the Court, but that it merely indicates that there is a power to make such orders as may be necessary for the ends of justice or to prevent an abuse of the process of the Court, has been consistently the view of this Court as also of their Lordships of the Privy Council. Their Lordships in the well-known case in Debi Bakhsh Singh v. Habib Shah ('13) 35 All. 331 have clearly laid down:
Allahabad High Court Cites 29 - Cited by 8 - Full Document

Chandra Mohan And Ors. vs Raghunath Pd. on 18 November, 1949

6. If strict regard be had to the language of Order 20, Rule 3, Civil P. C., no judgment can be set aside under the inherent powers of the Court Under Section 151, Civil P. C. But an exception has been made in the case of a judgment having been delivered by mistake under a misapprehension of facts, e.g., the case having been dismissed in default in ignorance of the fact that the plaintiff was dead; vide Debi Bux v. Habib Shah, 35 ALL, 331 : (40 I. A. 151 P. C.)
Allahabad High Court Cites 3 - Cited by 2 - Full Document

Kalika Prasad vs Additional Commissioner, Agra ... on 5 October, 1955

In this connection reference can as well be made to the case of AIR 1931 All 244 (B). The provisions of Section 114, Civil P. C. and Order 47, therefore, cannot be made applicable to the proceedings under the Agricultural Tenants (Acquisition of Privileges) Act. Reliance was placed by the applicant on the decision of their Lordships of the Privy Council reported in -- 'Debi Bakhsh Singh v. Habib Shah', 35 All 331 (G). That was a case where a suit was dismissed for default when the plaintiff was already dead.
Allahabad High Court Cites 8 - Cited by 1 - Full Document
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