NARAYANRAO MAROTIRAO PIMPALKAR Vs. WAMAN NATHUJI WANKHADE

JUDGEMENT

(1.) THE present revision arises out of the refusal by the courts below to grant the prayer for temporary injunction. That prayer has been refused only because the courts thought that the present applicant-plaintiff cannot be assisted because of the terms of Order 39, Rule 2 of the Code of Civil Procedure as the plaintiff cannot be said to have any prima facie case and said to be covered by the words "any other injury" occurring in Rule 2 of Order 39 of the Code.

(2.) THIS approach is clearly unsustainable. The application itself was under Order 39, Rules 1 and 2, as well under Section 151 of the Code of Civil Procedure. The facts under which the aid of the court was sought clearly establish that the defendants 1 and 2 had got a decree for joint possession along with the present applicant-plaintiff. The plaintiff was, therefore, driven to file the present suit for general partition. He was, therefore, in lawful possession along with the other defendants. Only because a decree existed for joint possession, that could not have been treated as an absolute right ousting the jurisdiction to grant relief of an injunction. The power to protect the interest of the litigant and its necessity may arise in several ways and under varied circumstances. The Courts are not left powerless when faced with a clear need to supply the remedy and relief. That is the basic concept of inherent jurisdiction which can be invoked and efficiently exercised, though under clear and exceptional cases.

(3.) HOWEVER, it has to be observed that in every case where the Court is called upon to interdict a person having a decree in his favour, the rights arising out of that decree of all the parties concerned must be taken into account so as to find out the balance of convenience as well the existence of prima facie case. That would also involve considerations of the legal obligations of the parties inter se with respect to the property in suit and the decree set up as the basis for competing right.