Legal IQ

Quick Referencer for Judicial Service

Q. Can injunction be granted for securing ends of justice where the case does not strictly come within the purview of Order 34 of the Code of Civil Procedure. Give reasons.

U.P. Higher Judicial Service (Additional District Judge) Exam. 1982
Rajasthan Judicial Service Exam. 1977 (similar question).

Ans: Yes, injunction can be granted for securing ends of justice under Section 151 (Inherent powers of the court) even if the case is not covered by Order 39—Supreme Court in Manohar Lal v. Seth Hiralal, AIR 1962 SC 527.
Reasons: Section 151 of Civil Procedure Code deals with. ‘Inherent powers of 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.

Further in Manohar Lal v. Seth Hiralal, referred above the Supreme Court observed that the courts have power to grant injunction under Section 151 C.P.C. for securing ends of justice apart from Order 39 if a case is not covered by Order 39 of C.P.C.

Thus, in view of the decision given by Supreme Court in leading case of Manohar Lal v. Seth Hiralal, it is clear that an injunction can be granted for securing ends of justice under Section 151 C.P.C. even if the case doesn’t strictly come within the purview of Order 39 C.P.C.

Source: Kishor Prasad, Problems and Solutions on Civil Law, Universal

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