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

Ram Golam Sahu And Ors. vs Chintaman Singh on 22 December, 1925

In the case of Debi Bakhsh Singh v. Habib Shah 19 Ind. Cas. 526 : 40 I. A. 151 : 35 A. 331 : 17 C.W.N. 829 : 11 A.L.J. 625 : 18 C.L.J. 9 : 15 Bom. L.R. 640 : 14 M.L.T. 33 : (1913) M.W.N. 566 : 25 M.L.J.140 : 16 O.C. 194 (P. C). the plaintiff's suit was dismissed for default. It appears that the plaintiff had died before the dismissal and that subsequently upon an application of his son, the order was set aside under Order IX, Rule 9, C. P.C. But on appeal by the defendant, the Judicial Commissioner set aside the order as the application was not made within 30th day under Order IX, Rule 9 of the C. P.C. Lord Shaw set aside the order of the Judicial Commissioner of Oudh and observed as follows: "By the C. P.C., Section 151, it is provided that 'nothing in this Code shall be deemed to limitor otherwise affect the inherent power...as may be necessary for the ends of justice, or to prevent abuse of the process of the Court.' In their Lordships' opinion such abuse has occurred by the course adopted in the Court of Judicial Commissioner.' 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."
Patna High Court Cites 18 - Cited by 2 - Full Document
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