Mahant Ram Dass v. Mahant Ganga Dass 1961 SCR (3) 763

Introduction

This is an important case on the inherent powers of the civil court to do justice.

Facts of the case

• The appellant filed a title suit asserting his nomination as Mahant of Moghal Juan Sangat.
• The trial judge dismissed the suit in 1947.
• The appellant appealed to the High Court, which ruled in his favor in 1951, contingent on paying court fees for possession of properties.
• The case was returned to the lower court to determine property value and fee amounts.
• The High Court, after receiving the Subordinate Judge's report, ordered the appellant to pay the deficit court fees, which he couldn't afford.
• Despite the appellant's request for an extension, the HC refused.
• His application for review was also dismissed.
• He again approached the HC to grant a certificate of appeal which was fortunately granted to him and therefore he approached the Supreme Court by present appeal.

Issue Involved

• Whether enlargement of time should have been granted to the appellant herein for paying the deficit court fees?

Observations

• The SC held that time should have been extended, if sufficient cause was made out and again, when the petitions were made for the exercise of the inherent powers.
• The SC therefore set aside the earlier order.
• The SC also set aside the dismissal of the appeal and the suit and granted the appellant two months' time for payment of the deficit court fee.

Conclusion

• The SC allowed the appeal by stating the HC conducted grave error.

Note

Section 151 of CPC- Saving of inherent powers of Court.

Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice, or to prevent abuse of the process of the Court.