AIR 1980 ORISSA 162 ::(1980) 50 Cut LT 419

Orissa High Court

Hon'ble Judge(s): R. N. Mishra, K. B. Panda, Prafulla K. Mohanti , JJJ

Civil P.C. (5 of 1908) , O.9 R.13, S.151— Setting aside of ex parte decree - Defendant failing to establish sufficient cause for non-appearance at trial - Inherent powers cannot be invoked. (1976) 42 Cut LT 1061, Reversed. Section 151 of the Coda cannot be invoked for setting aside ex parte decree when defendant fails to establish existence of sufficient cause for his non-appearance. Once statutory provision has been made to cover a given field, application of inherent powers would stand regulated and in case statutory law covers the entire field, application of inherent powers would stand excluded.(Para 8)