JUDGMENT D.K. Seth, J.
1. Shri S.D.N. Singh, learned counsel for the petitioner has assailed the order dated 5.2.1998 passed by the learned District Judge, Sonbhadra in Civil Revision No. 5 of 1998 on the ground that the said order is illegal, unjust and improper since it had taken a view that existence of Order XXXIX, Rule 2A of Civil Procedure Code precludes the civil court to grant an order of police aid for the purpose of maintaining its order of injunction granted by it. He points out from the said order that the learned court had come to the conclusion that the Civil Procedure does not provide grant of police aid in any of the provisions contained therein. He further contends that unless the police aid is not provided, the entire order granted' would become infructuous. Therefore, it is well within the jurisdiction of the Court below to provide police aid to maintain its order. He relies in the case of Jaishi and others v. Saligram, AIR 1981 NOC 88 (HP) 40, in support of his contention that such order granting police aid revisable under Section 115 of the C.P.C. He also relied on the decision in the case of Amir Singh v. Om Prakash and others, AIR 1978 All 16.
2. I have heard Shri S.D.N. Singh, learned counsel for the petitioner.
3. Admittedly, the application for seeking police aid is an application under Section 151 of C.P.C. The order passed on such application is definitely not an appealable order and as such revisable. There cannot be any doubt to such proposition.
4. The provision of Order XXXIX, Rules 1 and 2 of C.P.C. does not postulate any provision for grant of police aid. The decision in the case of Amir Singh, (supra) in paragraph 3 whereof it was held that the order being in the nature of discretion under Section 151 of C.P.C. a revision may He but the revision in such cases is discretionary. In the said case after having recorded the statement of the learned counsel for the petitioner that the order passed under Section 151 is revisable, the Court did not express its view on the said question but however since the order was one under Order XXII, Rule 10 which is appealable under Order XLIII, Rule 1 clause (1). On the other hand, it was held that it is well known that an order passed under Section 151, C.P.C. is an order in the nature of discretion. In such circumstances, when the Court has exercised its discretion in particular manner, even if the exercise is wrong, still, no revision lies. Thus, this decision does not help Mr. Singh on the contention he has raised.
5. After having gone through the impugned order, I do not find any reason to differ from the view taken by the revisional court with regard to the merits of the case. Inasmuch as in the present case it was alleged that an order of injunction was sought for and in the meantime notification under Section 4 (2) of the U. P. Consolidation of Holdings Act was promulgated. Accordingly, an application was filed which is pending and the suit is likely to abate in view of Section 5 of the said Act and such application is pending. Then again on the facts of the order the Court had come to a finding that the police help would enable the plaintiff to dispossess the defendants particularly in the same situation when the consolidation proceeding is on.
6. Therefore, on the merits of this case, I do not find any reason to invoke discretion. The power under Article 226 is discretionary power which can be invoked only when the order sought to be revised in writ jurisdiction is shown to be perverse. No perversity having been drawn to my attention. I am not inclined to interfere with the said order.
7. The decision in the case of Jaishi and others, (supra) even if attracted in the facts and circumstances of the case but the same does not help the petitioner in view of the facts on merits. I am not, therefore, inclined to interfere with the said order. In such circumstances, it is not necessary to go into the question as to whether in exercise of inherent jurisdiction Court can grant an interim order or not.
8. The writ petition falls and is accordingly dismissed.