Law: Civil Procedure Code (V of 1908)

Section: 151, 47

(a) Civil Procedure Code (V of 1908)  S. 151Misreading of applicationApplication praying for time to file appealLower appellate Court mistakenly thinking time to vacate premises being wantedPetitioner actually gaining consider able time for moving High CourtMisreading, held, inconsequential. (b) Civil Procedure Code (V of 1908)  S. 151Abuse of process of CourtPetitioner obtaining possession in pursuance of ex parte order of eviction in 1973Ex parte order set aside and restoration of possession ordered in 1975 Petitioner filing appeal obtaining stay order but appeal dismissed Petitioner moving applications under S. 47, C. P. C. and for permis sion to file fresh application but both applications dismissed in 1976Appeal against such order of dismissal, dismissed in 1978 and review application also dismissed in 1979  Petitioner also instituting two suits in connection with same subjectmatter and obtaining partial stay in one of themPetitioner not restoring possession despite order to restore possession within 45 daysPeti tioner, held, bent upon delaying handing (over possession through frivolous excuses and objections and conduct of petitioner far from bona fide.=[Abuse of process of Court]. (c) Civil Procedure Code (V of 1908)  S. 47MistakePetitioner moving application under S. 47, C. P. C. but Court thinking same to be under Order XLVII, writing in order word "order" instead of word "section"Mistake, held, innocent.                                                                                                                          ORDER This is an extraordinary case demonstrating how the salutary pro visions of law, particularly Code of Civil Procedure, can be misused. The petitioner obtained an ex parte order of eviction against certain persons and also obtained possession in pursuance thereof. This course of action…