Monohar Lal v. Seth Hira Lal (AIR 1962 SC 527)

This case explains how Section 151 CPC (inherent powers) works with Order 39 Rule 1 (temporary injunctions). In short: courts do have inherent power to act for justice, but they must not use it to skip a specific rule in the Code. If Order 39 covers the field, follow Order 39. Use Section 151 only when the Code has no direct tool and justice clearly needs it.

1. Can a court rely on inherent powers (S.151) when Order 39 already provides for interim injunctions?
2. Did the court use its discretion properly in restraining the other suit, given the facts?

• Order 39 Rule 1 CPC: Lays down the grounds and process for temporary injunctions.
• Section 151 CPC: Saves the court’s inherent powers to pass orders needed for justice or to prevent abuse of process.
• Guiding idea: The Code is not exhaustive, but where it specifically provides a procedure, that route should be used; inherent powers are for gaps, not for override.

The Supreme Court clarified the limits of inherent powers. The Code is not exhaustive, but when it gives a specific procedure (like Order 39 for injunctions), courts should use that path. Section 151 is for rare gaps—not to bypass rules. Jurisdictional questions about the Asansol suit must be decided by the Asansol court itself. The deed’s forum clause does not oust Asansol’s jurisdiction.

• S.151 CPC preserves inherent power, but not to override explicit CPC provisions.
• Order 39 is the proper route for interim injunctions; follow its grounds and safeguards.
• Inherent power applies only in exceptional situations where the Code has no direct remedy.
• Choice-of-court in a deed does not by itself oust another court’s jurisdiction.

Students and lawyers cite this case to show the discipline of CPC: use the specific rule first. Inherent power is a safety valve, not a shortcut. It helps you argue against anti-suit type restraints issued only on S.151 when Order 39 squarely applies.

• Specific beats general: Use Order 39 for injunctions.
• S.151 is narrow: For gaps, not for overrides.
• Forum clauses: Show preference, not exclusion of jurisdiction.
• Jurisdiction questions: Decided by the court where the suit is filed.

Mnemonic: “151 is the Spare Key” — Use it only when the main door (Order 39) doesn’t open.

1. Check coverage: Does a CPC rule already cover it?
2. Show necessity: Prove a real gap + risk of injustice.
3. Stay narrow: Tailor relief; avoid overriding the Code.

Issue: Can courts grant injunctions under S.151 when Order 39 provides a complete scheme?

Rule: Order 39 governs temporary injunctions; S.151 saves inherent powers for ends of justice where the Code is silent.

Application: The restraint on the Asansol suit relied on S.151. But injunctions are specifically handled by Order 39, so inherent powers should not replace that route.

Conclusion: Use Order 39. Inherent powers remain for exceptional, uncovered situations only.

Inherent Powers (S.151)

Court’s built-in power to act for justice or prevent abuse when the Code is silent.

Temporary Injunction

A short-term order to maintain status quo, regulated by Order 39 CPC.

Anti-suit Restraint

An order stopping a party from proceeding with another suit, often debated in CPC practice.

Jurisdiction

A court’s legal power to hear and decide a case.