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Applications instituted u/s 151 of CPC in order to seek court’s legal opinion are misconstrued: Delhi HC

By Arundhuti Deshmukh      Oct 13, 2020      0 Comments
Applications instituted u/s 151 of CPC in order to seek court’s legal opinion are misconstrued Delhi HC

The Delhi High Court recently made an explicit clarification that applications instituted under Section 151 of the CPC (Civil Procedure Code),1908 for the want of legal interpretation of the Court are misinterpreted. The Court held the same in the light of the sale deed, the copy of which was to be filed before the Court. 

The Division Bench of Justice Rajiv Sahai Endlaw and Justice Asha Menon further advised the Petitioner that he's free to seek the opinion of Justice Endlaw after he demits office on August 13, 2021.

The application was filed under Section 151of the CPC for seeking the following clarification: Whether the share in the property received by a son on the partition of a HUF is "HUF" or "individual" in his hands?'

While refusing to provide a legal opinion, the court highlighted 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 the legal opinion of the Court; not only so, but there are also several other advocates including an advocate as Court Commissioner, in the matter. The application is thoroughly misconceived.'

The court further said that:

'However, one of us (Justice Rajiv Sahai Endlaw) will be demitting office on 13th August 2021 and the advocates are at liberty to approach him for advice at that time, by deferring the execution of the sale deed till then!'

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