The Delhi High Court recently made an explicit clarification that applications instituted under Section 151 of the CPC, 1908 for the want of legal of the Court is misinterpreted. The Court held the same in the light of sale deed, the copy of the same was to be filed before the Court. The Respondents, however, instituted an application in order to seek clarification on the contention as to whether the share of the property received by a son on a partition of HUF was “HUF” or “individual” in his hands.
The application was filed under Section 151of the CPC for seeking legal opinion of the Court. Observation of the Court:
The Court observed the application to be “thoroughly misconceived” and held that neither Section 151 of the CPC nor any other provision of law vests in this Court, acting as the Company Appeal Court, advisory jurisdiction.
It is surprising that advocates are moving application, seeking legal opinion of the Court; not only so, there are several other advocates including an advocate as Court Commissioner, in the matter.
Case Details
Case Title: Bajraj Kishan Gupta v. Panna Lal
Before: Delhi High Court
Quorum: Hon’ble Mr. Justice Rajiv Sahai Endlaw and Justice Asha Menon
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