Manohar Lal Chopra v Rai Bahadur Rao Raja Seth Hiralal (1962)

CPC & Limitation Act · Inherent Powers & Interlocutory Orders (ss.148–151, s.94)

Facts.

A party sought an injunction restraining the other from proceeding with a suit in another court; the question was whether the court could grant it under its inherent power when O.39 did not strictly apply.

Issue.

Can s.151 inherent power be used where the Code has a specific provision, or against its express terms?

Held.

The court has inherent power to act for the ends of justice and to prevent abuse of process, but that power cannot be exercised where a specific provision covers the matter or in conflict with the Code’s express provisions.

Why it matters.

It is the leading authority on both the existence and the limit of s.151 — a full answer must state both.

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