CPC Case Brief – Manohar Chopra v. Rai Bahadur Rao Seth

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Contract between parties stipulated that in case of default arising out of the dealings of the contract suit would be instituted in Indore. The respondent therefore filed an application under section 151, in the indore high court for restraining the appellant from continuing the proceedings in a different court, Asansol.

The court issued orders under order 39, rule 1, but this was rejected in appeal but the court held that inherent powers under 151 allowed for such injunctions. An appeal is on this issue.

Issue #1

That the court could not exercise its inherent powers under 151 when there were specific provisions in the code of civil procedure for the issue of interim injunction, they being sections 94 and order 39.

Held that the courts have inherent jurisdiction to issue temporary injunctions in circumstances, which are not covered by the provisions of the order 39. There is no such expression in 94, which prohibits the issue of temporary injunction in circumstances not covered by order 39 or by any other rules within the code.

It is well settled that the code is not exhaustive, for the simple reason that the legislature is incapable of contemplating all the possible circumstances which may arise in any future litigation and consequently for providing of the procedure for the same.

The inherent powers of the court are in addition to the powers specifically conferred on the court by the code. They are complementary to those powers and therefore it must be held that the court is free to exercise tem for the purposes mentioned in section 151 of the code when the exercise of those powers is not in any way in conflict with what has been expressly provided in the code or against the intentions of the legislature.

This inherent power has not been conferred upon the court; it is a power inherent in the court by virtue of its duty to do justice between the parties before it.

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