No appeal can be filed under the provisions of the Civil Procedure Code against an order passed under Section 151 of the CPC which is passed in exercise of the inherent powers of the court as may be necessary for the ends of justice or to prevent abuse of the process of the Court. There is no such provision in Sections 104 or 105 of CPC, which relate to appeal from orders.
In the case of Keshardeo Chamria v. Radha Kissen Chamria, 1953 SCR 136 : AIR 1953 SC 23, a 4-judge bench of the Supreme Court held as under:
“It was not contended and could not be seriously urged, that an order under Section 151 simpliciter is appealable. Under the Code of Civil Procedure certain specific orders mentioned in Section 104 and Order 43 Rule 1, only are appealable and no appeal lies from any other orders (vide Section 105 CPC). An order made under Section 151 is not included in the category of appealable orders.”
Likewise, Allahabad high court has observed in the case of Zila Parishad, Budaun And Ors. vs Brahma Rishi Sharma, AIR 1970 All 376, that no appeal lies against an order under Section 151. be it ex parte or otherwise.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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