scope of section 151 and order IX Rule 13 of C.P.C.
Hon'ble Supreme court of India has defined the scope of section 151 and order IX Rule 13 of C.P.C. in the case of Ramji Gupta versus Krishan Agrawal reported in A.I.R. 2013, S.C. 3099 and held that:-
1. A stranger who was not party in suit can not filed an application under order IX Rule 13 of C.P.C.for recall of an ex-party decree.
2. Inherent power under section 151 of C.P.C. can be exercised by a court to redress only such grievances for which no other remedy is provided under C.P.C.
3. In the event that an order has been obtained by playing fraud upon court then it is always open to the court to recall the said order on the application of the person aggrieved and such power can also be exercised by the Appellate court.
4. Where the fraud has been committed upon a party, the court cannot investigate the factual issue, and in such an eventuality, a party has the right to get the said judgment or order set aside by filing an independent suit.
1. A stranger who was not party in suit can not filed an application under order IX Rule 13 of C.P.C.for recall of an ex-party decree.
2. Inherent power under section 151 of C.P.C. can be exercised by a court to redress only such grievances for which no other remedy is provided under C.P.C.
3. In the event that an order has been obtained by playing fraud upon court then it is always open to the court to recall the said order on the application of the person aggrieved and such power can also be exercised by the Appellate court.
4. Where the fraud has been committed upon a party, the court cannot investigate the factual issue, and in such an eventuality, a party has the right to get the said judgment or order set aside by filing an independent suit.
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