Sec 151 cpc

Querist : Anonymous (Querist) 11 October 2011 This query is : Resolved
Can injunction be granted under inherent power of court.any case

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Arun Kumar Bhagat (Expert) 11 October 2011
Inherent power is exercised when there is no specific provision.Order 39 Rule 1 & 2 is there,then why the court shall overlap that. In a Bank when there is a Cash counter then why the Bank Manager shall accept cash himself and issue receipt.

WHATSAPP 91-8075113965 (Expert) 11 October 2011
Arun Kumar Bhagat,s example is perfect and speaks volumes !

Order 39 Rule 1 & 2 specifically deals with the injuctions . section 151 cpc is a general provision by which a civil court can act up on its Inherent power when there is no specific provision, in cpc .
section 482 crpc is equivalent to it .
the only difference between 482 crpc and 151 cpc , is that 482 crpc can be exercised by a High Court only, while 151 cpc , can be exercised by any civil court.

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prabhakar singh (Expert) 11 October 2011
Yet there may be occasion before the court to grant injunction u/s 151 C.P.C.

U/O.39.R1&2 ONLY PLAINTIFF WHO HAVE COME WITH A SUIT SHALL BE ONLY GRANTED INJUNCTION.UNDER IT DEFENDANT CAN NOT BE GRANTED INJUNCTION.

SUPPOSE IN A PENDING CASE PLAINTIFF HIMSELF STARTS CHANGING NATURE OF SUIT PROPERTY AND DEFENDANT NEEDS INJUNCTION AGAINST PLAINTIFF
WHICH CAN NOT BE GRANTED TO HIM UNLESS HE ALSO BRINGS A SUIT,IT IS THIS CONDITION IN WHICH SUCH A DEFENDANT SHALL INVOKE JURISDICTION OF COURT U/S 151C.P.C.AND COURT SHALL ENTERTAIN IT FOR ENDS OF JUSTICE.

kuldeep kumar (Expert) 11 October 2011
i agree with experts

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