Delhi High Court: A Division Bench of Rajiv Sahai Endlaw and Asha Menon, JJ., dismissed an application filed under Section 151 CPC expressing surprise that advocates moved the application seeking the legal opinion of the Court.

The present application was filed invoking Section 151 of the Code of Civil Procedure, 1908 by the appellant, respondents 3 and 5 seeking clarification on the following:

“Whether the share in the property received by a son on the partition of a HUF is “HUF” or “individual” in his hands?”

Bench stated that “neither Section 151 CPC nor any other provision of law vests in this Court, acting as the Company Appeal Court, advisory jurisdiction.”

Court was surprised to note that the advocates are moving applications seeking the legal opinion of the Court. The application is thoroughly misconceived.

Dismissing the matter, Court added that,

“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!”

Advocate Lalit Gupta stated that he did not even sign the application and his name has just been added without consulting him. [Balraj Kishan Gupta v. Panna Lal Giridhar Lal (P) Ltd., 2020 SCC OnLine Del 1265, decided on 18-09-2020]

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