SURENDRASINGH Vs. LAL SHEORAJ BAHADURSINGH

JUDGEMENT

(1.) IN Miscellaneous (First) Appeal No. 7 of 1972 a question arose whether a temporary injunction can be issued to restrain a decree-holder from executing his decree against his judgment-debtor. Shiv Dayal, J. who heard the appeal referred the following points for decision by the Division Bench on account of divergent views having been expressed by this Court in different cases:-

(2.) SHIV Dayal, J. has pointed out that in Miscellaneous (First) Appeal No 84 of 1962 decided on November, 23, 1962, (Madh Pra) Bhargava, J. held that no order of injunction can be made under Order 39, Rule 1 or 2 or under Section 151 of the Code of Civil Procedure to restrain the decree-holder from executing the decree in his favour as long as it stands. In Jalamsingh v. Smt. Lilabai, 1967 MPLJ (Notes) 111 Tare, J. (as he then was) drew a distinction between a case where the plaintiff is bound by the decree and one where he is not so bound relying on the decision of Shrivastava, J. in Firojkhan v. Mumtaj Hussain, 1962 Jab LJ (SN) 247.

(3.) BEFORE proceeding to discuss the various authorities cited before us, we would like to observe at the outset that the question whether an injunction can be granted to restrain a decree-holder from executing his decree, can be considered from two aspects, namely, the jurisdiction of the Court to grant an injunction and the propriety of granting such an injunction. We propose to deal with the question of jurisdiction first.