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TMI Blog1931 (10) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... ure to stay execution of a decree Under Order 41, Rule 5. Accordingly the application was converted into one for an injunction to restrain the respondent from executing the decree, and the question has been raised before me whether an application of this kind will lie. So far as a Court which is restricted to the terms of the Code of Civil Procedure is concerned, it has been held by Phillips, J., in Varadacharyulu v. Narasimhacharyulu A.I.R. 1926 Mad. 268, which I had occasion to follow in Ayyaperumal Nadar v. Muthuswami Pillai AIR1927Mad687 , that if an injunction cannot be passed under the provisions of Order 39, Rule 1 or Rule 2, it is not permissible to seek the power Under Section 151 of the Code in order to justify such an order. It h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment. 2. I do not propose to go so far as the learned Judges who decided Ganga Singh v. Pirthichand Lal A.I.R. 1922 Pat. 34, and who appear to have based their decision as to the power of a Court (not necessarily a High Court) to issue an injunction in certain circumstances purely upon English precedents and without any reference to the terms of the Code of Civil Procedure. But there is authority for the view that the High Courts, over and above the powers which they enjoy under that Code, possess an equitable jurisdiction derived from the old Supreme Court to issue an injunction in appropriate cases. This is the basis of the decision in Periakruppan Chettiar v. Ramaswami Chettiar AIR1928Mad491 where Ramesam and Devadoss, JJ. held t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a case of the present description is eminently appropriate for the exercise of such a power. We have two proceedings going on at the same time, one the execution of the decree and the other a proceeding which may eventuate in the decree being set aside. It is quite clear that these two proceedings, if allowed to go on independently, may lead to incompatible and perhaps unfortunate consequences. I think accordingly that, in general, there is justification for a Court exercising the power to restrain the holder of the decree against which such proceedings are pending from exercising it. 3. On the merits I have perused the order of the learned Subordinate Judge refusing to set aside the decree and it appears to me, without in any way expre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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