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M.N. Clubwala v. Fida Hussain Saheb, 1964

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M.N. Clubwala v. Fida Hussain Saheb, (1964) 6 SCR 642, 651 This case interpretation/case summary is written by Ms. Swati Sharma a student at the Faculty of Law (Delhi University). If you also want to publish your articles or case interpretations/summaries, send your work to  niyamskanoon09@gmail.com . Case Details PETITIONER:  MRS. M. N. CLUBWALA AND ANR. Vs. RESPONDENT: FIDA HUSSAIN SAHEB AND ORS. DATE OF JUDGMENT: 03/02/1964 BENCH: MUDHOLKAR, J.R. SUBBARAO, K. CITATION: 1965 AIR 610 1964 SCR (6) 642 Introduction   The case of M.N. Clubwala v. Fida Hussain Saheb (1964) under the Delhi Rent Control Act is a landmark judgment that clarifies the distinction between a lease and a license and the jurisdiction of the Rent Controller. The primary issue in this case was whether the agreements between the landlord (M.N. Clubwala) and the shopkeepers (Fida Hussain Saheb) created a lease or a license.  Facts of the Case M.N. Clubwala (Landlord) used his building as market by
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Mahant Ram Dass v. Mahant Ganga Dass, AIR 1961


 Introduction

  • This case talks about the scope of 'Inherent power' which has been provided to the Court under Section 151 of 'Civil Procedure code 1908' to administer justice between parties. In this case we will know that a Court has the power to increase the time duration fixed by an earlier decision of a Court to do certain act, by exercising its inherent power under S.151, CPC.


Facts
  • Mahant Ram, the plaintiff filed a suit in the Court of Sub-ordinate Judge II, Gaya for a declaration that he had been nominated as 'Mahant of Moughal Juan Sangat' by his guru Mahant Gulab Das by a registered deed therefore he has the right to manage the Sangat and other offshoots.

Case History 

  • The trial court dismissed the suit.
  • In an appeal by the plaintiff in the High Court, the Court made decision in his favour with the condition that he has to pay the court fee for the trial court and the HC within three months (April 8, 1954-July 8, 1954)  otherwise the appeal will be dismissed. 
  • The time was expired but the appellant was unable to pay the fee.
  • He asked the case to be mentioned before the Vacation Judge on 8 July, 1954 to get some more time. 
  • Also he filed an application on 8 July, 1954 to pay partly and rest to be paid after a month, which had been heard on 13 July, 1954 and got rejected by the division bench
  • Then an application under S.151 CPC for the extension of time was also rejected.
  • Then appellant field another petition under S.151 read with Order 47, Rule 1 of the CPC with certain reasons also got rejected but with the certificate to appeal.
  • The appellant then made this present appeal.

Issue 
  1. Whether the HC have inherent power to enlarge the time period, ordered by the court itself, under S.151 CPC ?
Ratio Decidendi 
  • As per section 148 and 149 HC allows extension of time but those sections can be invoked by application before the expiry of time.
  • Section 151  says :  
    • Nothing in this code 
    • Shall limit or affect the inherent power of the court
    • To make order as may be necessary for the end of justice
  • HC was in error on both the occasions when appellant filed petition within time and also made applications under section 151 of CPC.
  • The HC can exercise it's inherent power under Section 151 to enlarge the time 
  • Procedural orders though peremptory in nature, it do not completely estop a Court from taking note of events and circumstances which took place within the fixed time.
Judgment 
  • Appeal allowed.
  • Set aside the order of HC.
  • The Court enlarged the duration by 2 months from this day.

 

 
 



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Ashbury Railway Carriage and Iron Co. Ltd. v. Riche (1875)

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Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate, AIR 1958 SC 353

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