Judgment:
The Hon'ble Sri Justice C.V.Nagarjuna Reddy Civil Revision Petition No.2497 o”
06. 02-2012 K.Subbarayudu B.Jaganmohan Reddy and another ^Counsel for the petitioner: Sri TVS.Kumar !Counsel for the respondents: --- Order: This Civil Revision Petition arises out of Order, dated 19-10-2010, in IA.No.835 of 2010 in OS.No.54 of 2010, on the file of the Court of the learned Principal District Judge, Kadapa.
The petitioner is the plaintiff in the suit filed by him for recovery of certain amounts from the respondents.
The petitioner filed IA.No.835 of 2010 under Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC'), for a direction to respondent No.1 to deposit the suit amount as security.
This application was dismissed on the ground that the same was not traceable to any particular provision of law under the CPC.
Hence, the present Civil Revision Petition by the petitioner.
At the hearing, Sri TVS.Kumar, learned Counsel for the petitioner, submitted that, since there is no specific provision under which the relief claimed by his client can be granted, the petitioner has invoked the inherent powers of the Court under Section 151 CPC.
I am afraid this submission cannot be accepted because the said provision vests inherent power in the Court for passing orders as may be necessary in the ends of justice or to prevent abuse of the process of the Court.
It is trite that inherent powers of the Courts are exercised ex debito justitiae and are needed to be exercised cautiously whenever exigencies for exercise of such power warrant.
The provisions of CPC provide certain safeguards for securing the interests of the plaintiff such as attachment before judgment.
No specific provision is made whereby the defendant is enjoined to deposit the suit amount unless he admits his liability under Order XV A thereof.
Hence, no direction contrary to the scheme of the CPC can be granted by the Court by invoking its inherent powers.
In this view of the matter, I do not find any ground to interfere with the impugned order of the lower Court dismissing the petitioner's application.
At the hearing, it is submitted by the learned Counsel for the petitioner that, the respondents have not filed the written statement and contested the suit, even though they have entered appearance through their Counsel.
If this is true, the petitioner shall be free to file appropriate application for early disposal of the suit either under Order XV or any other relevant provision of the CPC.
Subject to the above observation, the Civil Revision Petition is dismissed.
As a sequel, CMP.No.3538 of 2011, filed by the petitioner for interim relief, is disposed of as infructuous.
______________________ (C.V.Nagarjuna Reddy, J) 6th February, 2012