Question: Can injunction be granted for securing ends of justice where the case does not strictly come within the purview of Order 39 of the Code of Civil Procedure? Give reasons. [UPHJS. 1982, Raj J, 1977] Find the answer to the mains question only on Legal Bites. [Can injunction be granted for securing ends of justice where the… Read More »

Question: Can injunction be granted for securing ends of justice where the case does not strictly come within the purview of Order 39 of the Code of Civil Procedure? Give reasons. [UPHJS. 1982, Raj J, 1977] Find the answer to the mains question only on Legal Bites. [Can injunction be granted for securing ends of justice where the case does not strictly come within the purview of Order 39 of the Code of Civil Procedure? Give reasons.] Answer An injunction can be granted under Section 151 of...

Question: Can injunction be granted for securing ends of justice where the case does not strictly come within the purview of Order 39 of the Code of Civil Procedure? Give reasons. [UPHJS. 1982, Raj J, 1977]

Find the answer to the mains question only on Legal Bites. [Can injunction be granted for securing ends of justice where the case does not strictly come within the purview of Order 39 of the Code of Civil Procedure? Give reasons.]

Answer

An injunction can be granted under Section 151 of the Code of Civil Procedure, 1908. Section 151 of the code states the “inherent powers of the court”. The section provides that a court can pass any order for the ends of justice or to prevent abuse of the process of the court.

Even if the case is not covered under Order 39 of the Code, an injunction can be granted for securing the ends of justice under Section 151 of the Code. Manohar Lal v. Seth Hiralal, [AIR 1962 SC 527].

It was observed that,

“There is nothing in Order. XXXIX, Rule 1 and 2, which provide specifically that a temporary injunction is not to be issued in cases that are not mentioned in those rules. The rules only provide that in circumstances mentioned in them the Court may grant a temporary injunction”.

Further, the provisions of Section 151 of the Code make it clear that the inherent powers are not controlled by the provisions of the Code. Section 151 reads:

“Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of the justice or to prevent abuse of the process of the Court.”


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Updated On 2022-02-04T19:37:24+05:30
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