Whether a court can issue interim injunction in exercise of its inherent powers under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), when specific provisions exist for the same?
The provisions of the CPC neither limit nor control the inherent powers of the court under Section 151.
However, where an express provision is made for a particular situation within the CPC, a departure from the same cannot be allowed.
Courts cannot exercise their inherent powers under Section 151 of CPC to order an injunction when a specific provision under Order XXXIX to grant interim injunction is enshrined in the CPC.