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Issues:
1. Validity of the injunction order passed by the Subordinate Judge under inherent jurisdiction. 2. Interpretation of Section 151 of the Civil Procedure Code regarding the Court's power to grant injunction. 3. Consideration of the Court's inherent jurisdiction in granting injunctions despite provisions in Order 39 of the Civil Procedure Code. 4. Assessment of the circumstances justifying the injunction order based on the plaintiff's claim and defendant's assets. 5. Evaluation of the evidence regarding ownership of the land and building in question. 6. Decision on the application under Section 115 of the Civil Procedure Code for setting aside the injunction order. Analysis: The judgment by the High Court of Calcutta involved a dispute between the plaintiff, a building contractor, and multiple defendants, including the Chinese Tannery Owners' Association. The plaintiff sought a temporary injunction to prevent the defendants from withdrawing funds from their bank account. The Subordinate Judge initially granted the injunction, limiting withdrawals to a specific amount. The defendants contested the injunction, arguing that the provisions of Order 39, Civil P. C. did not apply to the case. The Judge's decision was based on inherent jurisdiction rather than Order 39, Rule 1, Civil P. C., making it non-appealable, but subject to revision under Section 115, Civil P. C. The Court deliberated on the scope of Section 151 of the Civil Procedure Code in granting injunctions, considering conflicting precedents. The judgment referenced cases like 'HEMENDRALAL ROY v. INDO SWISS TRADING CO. LTD.' and 'NAGABHUSHAN REDDY v. NARASAMMA,' highlighting differing views on the matter. Additionally, observations from the case of 'NIRODE BARANI DEBI v. CHAMATKARINI DEVYA' were noted, indicating the Court's authority to issue injunctions under Section 151, even in the absence of explicit provisions in Order 39, Civil P. C. The Court cited the Full Bench case of 'ABDUD KARIM ABU AHMAD KHAN GHAUZNAVI v. ALLAHABAD BANK LTD' to establish the principle that inherent jurisdiction can be exercised unless the legislature explicitly restricts it. Applying this principle, the Court concluded that the existence of provisions in Order 39, Civil P. C. did not preclude the Court from granting temporary injunctions under Section 151, Civil P. C. The judgment emphasized the importance of ensuring justice in each case. The judgment then focused on the circumstances justifying the injunction, analyzing the plaintiff's claim regarding the political situation in China and the defendants' assets. The Court assessed evidence regarding the ownership of the land and building involved in the dispute, ultimately determining that the defendants' assets were sufficient to meet any potential decree. Consequently, the Court set aside the injunction order under its revisional jurisdiction, dismissing the appeal as incompetent and directing the parties to bear their own costs. In conclusion, the Court's decision highlighted the importance of balancing legal provisions with the pursuit of justice, ultimately setting aside the injunction order based on a thorough evaluation of the facts and legal principles involved in the case.
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