The 2-Judge Bench consisting of Justice Rajiv Sahai Endlaw and Justice Asha Menon of Delhi High Court made a clarification 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 Court advised the Petitioner that he’s free to seek the opinion of Justice Endlaw after he resigns office on August 13, 2021.
The order came after an application moved under section 151 of CPC requesting for the following clarification: “Whether the share in the property received by a son on partition of a Hindu Undivided Family is “HUF” or “individual” in his hands?”
The court while declining to provide legal opinion, called attention to the point 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 applications, 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 stated 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!”