9911796707
TMI Blog1925 (10) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... obtained by the defendant against the plaintiff's father. The Subordinate Judge held that he had no jurisdiction to grant such an injunction and this view was upheld by the District Judge. 2. It is now contended that such an injunction will come under Order XXXIX, either Rule 1 or Rule 2. It certainly cannot come within the language of Rule 1, for there is-no suggestion that the property of w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being defeated the Court may, if it is so prescribed," that is to say, the Court is given power provided that, the rules make provision for the exercise of that power. The section is clearly governed by Order XXXIX which contains the rules prescribed. 4. A further contention is put forward that the injunction may be granted under the inherent powers of the Court under Section 151, C.P.C., a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in opposition to these provisions., Here the Code lays down in Section 94 that the Court shall only have power if it is given by rules framed under the Code. It, therefore, seems to me impossible to hold that when rules have been framed to give the Court power, further power should be given by Section 151. If then the principle laid down in the Full Bench of this Court is correct and I see no reas ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
