The court has no jurisdiction to award interim maintenance pending decision of a suit in which the right to maintenance is in contest.

CHINNAPPA REDDI, J.

( 1 ) THIS Civil Revision Petition has been referred to a Division Bench by our brother Ramachandra Rao, J. as he was of the view that it raised an important question.

( 2 ) PENDING decision of a suit filed by the respondent for maintenance, past and future, against her husband, she filed an application, purporting to be under Section 151, Civil P. C. and S. 18 of the Hindu Adoptions and Maintenance Act, for a direction to her husband that he should pay her a sum of Rs. 150. 00 per month towards interim maintenance. The husband opposed the application as not maintainable as he was contesting her very right to maintenance in the suit. He also submitted that he has already obtained a decree for restitution of conjugal rights against his wife and no award of maintenance could, therefore, be made against him. The learned Subordinate Judge overruled the objection regarding the maintainability of the petition and awarded interim maintenance at the rate of Rs. 30. 00 per months. Aggrieved by this Order the husband has preferred this Civil Revision Petition.

( 3 ) SRI N. V. Ranganadham, learned counsel for the petitioner, contended that the lower court had no jurisdiction to grant interim maintenance in a case in which the very right to maintenance was in contest. He submitted that neither Section 151, Civil P. C. nor Section 18 of the Hindu Adoptions and Maintenance Act, 1956 authorised the award of interim maintenance. The learned counsel for the respondent, on the other hand, submitted that it is the inherent right of every court, under Section 151, Civil P. C. to act on the principle that every procedure is to be understood as permissible till it is shown to be prohibited by the law and that the court may exercise such powers as may be necessary to do the right in the course of the administration of justice. He submitted that the grant of interim maintenance was permitted both by Section 151, Civil P. C. and S. 18 of the Hindu Adoptions and Maintenance Act.

( 4 ) SECTION 151 of the Civil P. c. recognises the inherent, power of the court "to make such orders as may be necessary for the ends of justice, or to prevent abuse of the process of the court. " The Code itself is intended to regulate the procedure of Courts. Section 151, therefore, is concerned with the, procedure to be followed by the court in deciding the cause before it. The inherent powers recognised by Section 151 cannot extend to matters other than procedural. The court cannot resort to the provisions of Section 151 of encroach upon substantive rights of parties or, in an Interlocutory Application, upon matters which await adjudication in the suit. No order under Section 151, Civil P. C. can be made except in aid of the suit. Such an order may be a step towards obtaining a final adjudication in the suit or it may be with a view to rendering the judgment effective, if obtained. " Instance of orders which are steps towards judgment are an order adjourning the hearing of the suit, an order advancing the hearing of the suit, an order amending a pleading, an order directing inspection, an order appointing a commissioner in circumstances not covered by Section 75 or Order 26, Civil P. C. , etc. , Instances of orders made to render the judgment effective, if obtained, are an order granting an injunction in cases not falling under O. 39, an order appointing an interim receiver in cases not falling under Order 40, Civil P. C. etc. That the court has no inherent power to travel beyond matters of the procedure is now settled by a decision of their Lordships of the Supreme Court in Padma Sen v. State of U. P. , (1961) 2 SCJ 79 = (AIR 1961 SC 218 ). It was observed there"the inherent powers save by Section 151 of the Code are with respect to the procedure to be followed by the court in deciding cause before it. These powers are not powers over the substantive rights which any litigant possesses. Specific powers have to be conferred on the courts for passing suc

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