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TMI Blog1951 (12) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... costs of materials supplied, after giving full credit for three lacs seventy four thousand and sixty three rupees said to have been received from the Chinese Tannery Owners' Association, appellant No. 1 before us and defendant No. 2 in the suit. Defendant No. 3 is the President of the Chinese Tannery Owners' Association while defendant No. 4 is the Chairman of the building Committee. The plaintiff prayed for a temporary injunction restraining all the defendants from drawing on their account with deft. 1, Bank of China. An 'ad interim' injunction was at first granted against defendants Nos. 1 to 10. Finally, after hearing objections raised by these defendants the learned Subordinate Judge confirmed the injunction as against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no scope for any action under inherent jurisdiction. He further argues in this connection that a reading of Section 94 of the Code makes it clear that the provisions of Order 39, Civil P. C. were intended to be exhaustive as regards this matter of temporary injunction. For this proposition he has relied upon the decisions in the case of 'HEMENDRALAL ROY v. INDO SWISS TRADING CO. LTD.' 24 Pat 496. and in the case reported in NAGABHUSHAN REDDY v. NARASAMMA AIR1951Mad279 . Quite clearly an opposite view was taken in the Allahabad case of 'DHANESHWAR NATH v. GHANSHYAM DHAR', ILR (1940) All 201. Notice must also be taken of an observation by Mookerjee J in the case of 'NIRODE BARANI DEBI v. CHAMATKARINI DEVYA' 19 CW N. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot been re-enacted. The mere fact that Section 107 deals with remand does not exclude the Court's inherent jurisdiction to make orders of remand in cases other than those covered by Order 41, Rule 23. I am of opinion, therefore, that the powers of the appellate Court as regards remand are not limited to the specific case mentioned in Order 41, Rule 23 and that the Court, under its inherent jurisdiction, may order a remand to do what is right and necessary in cases other than those covered by that order if justice so requires it. Whether justice does require a Court to invoke its inherent jurisdiction, must be determined by that Court with reference to the particular facts of the case and the rule of law that a Court cannot invoke an inh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fendant No. 2, The Chinese Tannery Owners' Association, contended that there was no question of there being any difficulty in realising the dues in the event of there being a decree against the defendants, as there was at least the land and the building belonging to the Association which had a market value more than sufficient to meet any possible decree. It appears to have been argued on behalf of the plaintiff that the land and the building were not likely to be of much value because they were situated in the midst of a Chinese colony and secondly because the land on which the building stands stood not in the name of the Association but in the name of defendant No.' 58. The learned Subordinate Judge does not appear to have applied ..... X X X X Extracts X X X X X X X X Extracts X X X X
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