Civil Court Can Direct Police Assistance To Enforce Injunction Order Under Section 151 CPC: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a civil court can, in exercise of its inherent powers under Section 151 CPC, direct the police authorities to assist in the implementation of an injunction order.

The Court observed that the availability of a remedy under Order 39 Rule 2A CPC does not bar a party from seeking police assistance for effective enforcement of an injunction.

Justice Romesh Verma remarked that: “Merely for the reason that the petitioner has an alternative remedy under Order 39 Rule 2A of CPC, will not preclude the petitioner to invoke the provisions of Section 151 CPC for the enforcement of the injunction order through the police assistance.” 

Background:

The petitioner, Prem Lal, instituted a suit for permanent prohibitory injunction against his son and daughter-in-law, seeking to restrain them from interfering with his house and suit land or carrying out any construction thereon. The trial court initially granted an ad-interim injunction and, subsequently, on March 5, 2026, restrained the respondents from interfering with the property till disposal of the suit. 

Alleging that the respondents continued to interfere with the property despite the injunction, the petitioner moved an application under Section 151 CPC seeking police assistance for enforcement of the order. The trial court dismissed the application on June 25, 2026, following which the petitioner approached the Himachal Pradesh High Court under Article 227 of the Constitution. 

The High Court held that once an injunction order has been passed by a competent court, it must be implemented in its letter and spirit, and the parties cannot be permitted to violate or take the law into their own hands. 

The Court further held that the availability of a remedy under Order 39 Rule 2A CPC does not prevent a party from invoking Section 151 CPC to seek police assistance for enforcement of an injunction. Civil courts possess inherent powers to direct the police to aid in implementation where necessary to secure the ends of justice. 

Accordingly, considering the alleged continued interference with the petitioner's property, the High Court set aside the trial court's order and directed the SHO, Police Station Bharari, to enforce the injunction order dated March 5, 2026.

Date of Decision: 30.09.2026