Can't Provide Legal Opinion In Application Moved Under Sec 151 of CPC: Delhi HC Holds While Advising Petitioner To Seek Advice Judge After He Demits Office [Read Order]
Delhi High Court has clarified that it doesn't have the advisory jurisdiction to provide legal advice to the parties in applications moved under section 151 of the Civil Procedure Code. 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...
Delhi High Court has clarified that it doesn't have the advisory jurisdiction to provide legal advice to the parties in applications moved under section 151 of the Civil Procedure Code.
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 order has come in an application moved under section 151 of CPC seeking the following clarification:
'Whether the share in the property received by a son on partition of a HUF is "HUF" or "individual" in his hands?'
While refusing to provide 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 legal opinion of the Court; not only so, there are 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!'
[Read Order]