Court Upholds Inherent Powers under Section 151 CPC, Orders Police Assistance to Prevent Illegal Interference by Son and Daughter-in-Law Despite Substantive Injunction
In a significant judgment delivered on September 30, 2026, the Himachal Pradesh High Court quashed a lower court's order rejecting police assistance for enforcing a permanent prohibitory injunction granted to a 74-year-old senior citizen, Prem Lal. The order directs the police at Police Station Bharari, District Bilaspur, to actively implement and enforce the injunction restraining Prem Lal's son and daughter-in-law from interfering in his house and land.
The case arose from a suit filed by Prem Lal, who sought a permanent prohibitory injunction against his son Ravinder Kumar and daughter-in-law Sapna. The plaintiff alleged forcible interference and attempts to unlawfully occupy and alter the nature of his property, which comprises approximately 8-12 bighas of land including a house in Village Bhagwani. Prem Lal, ailing and aged, claimed he was unable to resist the illegal attempts by the respondents, who had also allegedly damaged CCTV cameras and locked the house unlawfully.
The trial court had granted an injunction on March 5, 2026, restraining the respondents from interfering with the property pending the suit's disposal. However, when Prem Lal sought police assistance to enforce this injunction under Section 151 of the Civil Procedure Code (CPC), the trial court dismissed the application, relying on a Panchayat order allotting one room to the daughter-in-law, thus denying full police enforcement of the injunction.
Challenging this dismissal under Article 227 of the Constitution, Prem Lal's counsel argued that the injunction order had attained finality and the respondents' continued interference amounted to contempt of court and illegal self-help. The High Court agreed, emphasizing that no party can take law into their own hands once an injunction is in place.
The Court held that while Order 39, Rule 2A CPC provides for punishment for breach of injunction, it does not explicitly authorize enforcement of the injunction itself. Therefore, the Court's inherent powers under Section 151 CPC empower it to direct police assistance to ensure effective compliance and prevent abuse of the judicial process.
Referring to precedents from the Supreme Court and other High Courts, the judgment underscored the duty of police to enforce court orders and protect the rights of vulnerable persons, especially senior citizens who may be unable to resist illegal actions. The Court noted that the remedy under Order 39 CPC does not bar the grant of police aid and that police enforcement is necessary to uphold the majesty of law.
The High Court thus allowed the petition and set aside the trial court's order, directing the SHO of Police Station Bharari to enforce the injunction strictly in letter and spirit to protect Prem Lal's possession and property rights.
This ruling reinforces the judiciary's commitment to safeguarding senior citizens from domestic disputes and illegal dispossession, and affirms the civil courts' authority to seek police aid under inherent powers to implement their orders.
Bottom Line:
Civil Procedure Code, 1908 - Court can grant police assistance under Section 151 CPC to enforce an injunction order; availability of remedy under Order 39, Rule 2A CPC does not bar such relief, especially where a senior citizen alleges forcible interference and disobedience of subsisting injunction.
Statutory provision(s):
Civil Procedure Code, 1908 Section 151, Order 39 Rules 1, 2, 2A; Constitution of India Article 227
