AI Overview...
- Remedy under Section 151 after Order 39 Rule 1 Denied -
Main points and insights:
When a temporary injunction sought under Order 39 Rules 1 and 2 of the CPC is denied by the trial court, the remedy available under Section 151 CPC is limited. Section 151 empowers courts to do complete justice, but it does not provide a direct remedy to challenge the refusal of injunction. Several sources highlight that if interim relief under Order 39 is refused, the aggrieved party's recourse is typically through an appeal or a review, rather than invoking Section 151. For instance, in SMT. MANJULA vs THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY - Karnataka, the court dismissed the application under Order 39 Rule 1 and 2 and affirmed that Section 151 does not serve as an alternative remedy to obtain interim relief. Similarly, in Ajay Kumar VS Ishwar Dutt S/o Late Sh. Bhimi Ram - Himachal Pradesh and Ajay Kumar VS Ishwar Dutt, S/o. Late Sh. Bhimi Ram - Himachal Pradesh, courts held that Section 151 cannot be used to bypass the specific provisions of Order 39 for granting temporary injunctions when the statutory conditions are unmet.
Analysis and conclusion:
The consensus across the cited authorities indicates that Section 151 CPC is not a remedy to obtain interim relief after an application under Order 39 Rule 1 and 2 is denied. Instead, the proper course is to appeal the order or seek other statutory remedies. Section 151's role is to ensure justice in exceptional circumstances, not to override specific procedural provisions for temporary injunctions. Therefore, after denial of interim relief under Order 39, parties should pursue appeal or review, rather than relying on Section 151.
Search Results for "Remedy under Section 151 after Order 39 Rule 1 Denied"
2025 Supreme(Online)(Kar) 12340 • India - Karnataka High Court
M.I.ARUN, J
Court, which denied an ex-parte interim injunction. ... In a writ petition filed under Articles 226 of the Constitution of India, the petitioner sought to quash an order issued by the Trial ... relief noting the urgency of the matter and acknowledged the trial court's discretion in issuing notices instead of an interim order ... S No.212/2025 by issuing emergent notice on I.A.No.I under Order 39 Rule 1 and 2 R/w. ... Section 151 of ....
2025 Supreme(Online)(Kar) 17024 • India - Karnataka High Court
RAMACHANDRA D. HUDDAR, J
the appeal affirming the lower court's decision, highlighting insufficient evidence in favor of the appellant's position (final order ... By the said impugned order, the trial Court has dismissed the appellant's application filed under Order 39 Rule 1 and 2 read with Section 151 of CPC seeking temporary injunction to restrain the defendants therein who are the respondents in the present appeal from ... Additionally, the applicant must show that, th....
2021 0 Supreme(HP) 247 • India - Himachal Pradesh
JYOTSNA REWAL DUA
Code of Civil Procedure, 1908 -Section 151 - Order 39 Rule 1 and 2 - Constitution of India, 1950 - Article ... 39 Rule 1 and 2 read with Section 151 CPC for grant of temporary injunction was also moved – Held, Plaintiff has not even shown ... 39 Rule 1 and 2 are not satisfied in the instant case for granting temporary injunction in favour of pl....
2021 0 Supreme(HP) 904 • India - Himachal Pradesh
JYOTSNA REWAL DUA
Code of Civil Procedure, 1908 -Section 151 - Order 39 Rule 1 and 2 - Constitution of India, 1950 - Article ... 39 Rule 1 and 2 read with Section 151 CPC for grant of temporary injunction was also moved – Held, Plaintiff has not even shown ... 39 Rule 1 and 2 are not satisfied in the instant case for granting temporary injunction in favour of pl....
2008 0 Supreme(J&K) 190 • India - Jammu and Kashmir
SUNIL HALI
Code of Civil Procedure-Order-39-Rule 1 [a] [h] and [c]-Seeking of temporary injunctions by defendants- A bare perusal of order 39 ... The remedy for the defendant in that case may be to file a fresh suit. ... Rule 1 (a), (b) and (c) reveals that the Court has the power to grant an order of injunction under clause (a) on an application ... Sharma, learned counsel appearing for the respondents states that the Court ....
2022 0 Supreme(Guj) 97 • India - Gujarat
A.P.THAKER
Code of Civil Procedure, 1908 - Section 151 - Order 43 Rule 1 (r) - Order 39 Rule 1 & 2 - Specific Relief ... Act, 1963 - Section 31 – Appeal - Interim injunction - Plaintiff had preferred aforesaid suit for cancellation of sale-deed on ground ... has been notarised by parties, which is. after filing of Suit - Same has been produced along with paper-book - Defendants has not denied ... Along with ....
2015 0 Supreme(HP) 847 • India - Himachal Pradesh
RAJIV SHARMA
Injunction - Civil Procedure Code - Order 39 Rule 1, Order 39 Rule 2, Section 151 - Summary of Acts and Sections: The court discussed ... the provisions of Order 39 Rule 1, Order 39 Rule 2, and Section 151 of the Civil Procedure Code, emphasizing the court....
2013 0 Supreme(AP) 801 • India - Andhra Pradesh
M.S.RAMACHANDRA RAO
Civil Procedure Code 1908 - Section 151, Order 39 Rule 1 – Implementation of interim injunction order with Police help—State, Revenue ... Relying on point No.1 above, the counsel for the petitioners would contend that the only remedy available to a party for violation of the order of injunction is to file an application under Order-21, Rule 32 or application under Order....
2009 0 Supreme(Del) 580 • India - Delhi
RAJIV SAHAI ENDLAW
The defendant denied the agreement and claimed to have sold the shop to a subsequent purchaser. ... [FINAL DECISION] The court dismissed the applications for interim relief, allowed the vacation of the ex parte order, and directed ... It is further contended by the senior counsel for the subsequent purchaser that the second suit is misconceived inasmuch as the remedy, if any, of the plaintiffs against the subsequent purchaser under Section 19 of the Specific Relief Act is to seek specific performance against him and not ....
2018 0 Supreme(Cal) 794 • India - Calcutta
BIBEK CHAUDHURI
[Section 151 of CPC, Order 39 Rule 1 and 2, Section 4(c) of the West Bengal Land Reforms Act, 1956] Fact of the Case: ... Restoration of Possession - Civil Procedure - West Bengal Land Reforms Act, 1956 - Section 151 of CPC, Order 39 Rule 1 and 2 - ... Final Decision: The impugned order was set aside, and the petitioners' application under #H....
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