The court has the inherent power to grant temporary injunction even in those cases where requirements of the rules framed under Order 39 are not wholly complied with.

( 1 ) IN this appeal the plaintiff appellant has challenged correctness of the order of injunction issued by the Court below :-

( 2 ) THE dispute relates to a title to the disputed property claimed by the plaintiff and respondent both. According to the appellant he was in possession of the entire property while defendant asserts her own possession.

( 3 ) THE plaintiff in his suit prayed for injunction against respondent No. 1 praying that his possession may not be disturbed. However, the application remained pending for long time but no effort was made by the plaintiff to have it decided. In the Court below the appellant urged that the aforesaid application should be decided only after the evidence of parties had been recorded. Noticing that the application had been pending for a long time the court took the view that perhaps the plaintiff does not wish to press the application and accordingly rejected the same. Since no appeal against this order has been filed the order has become final.

( 4 ) ON the other hand the defendant had also moved an application to restrain the plaintiff from interfering in her carrying out repairs to the property in dispute. Since there was some dispute as to the specific portion in possession of the plaintiff and the defendant the Court rejected the application with an observation that as and when a proper application is moved, specifying the portion in respect of which injunction is sought, the same will be considered on merits. Accordingly the defendant moved the application 70-C which has now been disposed of by the impugned order. The plaintiff feeling aggrieved by that order has filed this appeal.

( 5 ) SRI S. N. Singh, learned counsel for the appellant has mainly urged two points. According to him the Court is not empowered to issue any injunction under Sec. 151 in favour of the defendant and the proper course for the defendant was to file separate suit in respect of the relief sought by her. It is also urged that the order of the Court below does not specify and exceptional circumstance in view of which the grant of injunction was considered necessary. He placed reliance on a single Judge decision in Kirat Singh v. Madho Singh, 1979 All WC 296 in that case a suit for cancellation of gift deed was sought on the ground of fraud and during its pendency the defendant applied for an injunction to restrain the plaintiff from interfering in defendants possession. The trial Court granted injunction but the lower appellate Court reversed the same. In the revision filed against that order the Addl. District Judge took the view that no appeal lay against the order as the order of injunction was passed under Sec. 151 of the Code. The revision was consequently allowed. This order was challenged before the High Court while disposing of the revision the learned Judge observed :"in other words the Court has no jurisdiction to restrain the plaintiff at the instance of the defendant. In such a situation a temporary injunction can be issued only against the defendant. There is no finding that the property in dispute was in danger of being wasted, damaged or alienated by any party to the suit. Section 151 of the Code of Civil Procedure does not confer any additional jurisdiction on the Courts".

( 6 ) IT appears that the attention of the learned single Judge was not drawn towards a Supreme Court decision in Manohar Lal Chopra v. Raj Bahadur Rao Raja Seth Hiralal, AIR 1962 SC 527 where the Supreme Court, after reviewing the case law on the point had this to say :"it is well settled that the provisions of the Code are not exhaustive, for the simple reason that the Legislature is incapable of contemplating all the possible circumstances which may arise in future litigation and consequently for providing the procedure for them. The effect of the expression if it is so prescribed in Sec. 94 is only this that when the rules in Order 39, Civil P. C. prescribe the circumstances in which the temporary inju