. DEO CHAND vs SHIV RAM. Supreme Court, 24-08-1964

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PETITIONER:
DEO CHAND
Vs.
RESPONDENT:
SHIV RAM
DATE OF JUDGMENT:
24/08/1964
BENCH:
DAYAL, RAGHUBAR
BENCH:
DAYAL, RAGHUBAR
MUDHOLKAR, J.R.
SIKRI, S.M.
CITATION:
1965 AIR 615 1965 SCR (1) 109
ACT:
Supreme Court Rules, 1950, 0. XLV, r. 5-Inherent powers-
Putting respondent in Supreme Court on terms-Whether in the
interests of justice.
HEADNOTE:
Pending appeal in the supreme Court, obtained possession of
the suit property favour. The appellants did not take
under 0.XLV, r. 13(2) of the code of Later, they applied to
the supreme court invoking the inherent powers of that
Supreme court Rules. the respondents (decree holders) in
execution of the decree in their any action for stay or
directions Civil Procedure (Act V of 1908). to put the
respondent on terms, court under 0. XLV, r. 5 of the
HELD : The Supreme Court cannot exercise any inherent powers
to put the respondents on terms, or to direct them to
furnish security for the delivery of the suit property or
for the payment of mesne profits, or to restrain them from
transferring the suit property. [115B-C].
The rule provides that the Rules of the Supreme Court do not
affect the inherent powers of the Court to make orders to
meet the ends of justice or to prevent abuse of process of
Court. Since the appellant would be entitled to recover
such mesne profits as the law allows, and any transfers of
the suit property would be subject to the law of his
pendens, to pass any orders restraining a party in
possession of property delivered by Court, cannot be in the
interests of justice. [115C-E].
JUDGMENT:
CIVIL APPELLATE JURISDICTION : Civil Miscellaneous Petition
No. 1223 of 1964 in Appeal from the judgment and decree
dated August 31, 1962, of the Madhya Pradesh High Court in
S. A. No. 597 of 1960.
Naunit Lal, for the petitioners.
The respondent did not appear.
ORDER
This application purports to be one under 0. XLV, rr. 2 and
5 of the Supreme Court Rules and contains the following

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