Ariyananda v. Premachandra – sllr 2000 volume 2 page 218

In the case between the Plaintiff-Respondent and Defendant-Petitioner, the court addressed the issue of whether the inherent powers under Section 839 of the Civil Procedure Code empowered the court to correct a wrong arising from an ex-parte judgment and restore the parties to their original position. It was held that the court is vested with a duty to remedy an abuse of judicial process, particularly where fraud has resulted in wrongful eviction. This holding reaffirmed the legal principle that the court must restore the status quo ante when its processes are misused to perpetrate injustice. The decision relied upon relevant statutory provisions and the equitable powers of the court, emphasizing the imperative for judicial intervention in cases of manifest abuse and fraud to uphold justic

REF: sllr 2000 volume 2 page 218 Category: Tag:
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