Section 151 cannot bypass mandatory Section 80(2) procedure for ex parte interim relief against the Government.

Revision under Section 115 CPC was treated as maintainable because the impugned injunction order was regarded as one made under Section 151, not a regular Order 39 Rules 1 and 2 order against which an appeal would lie. However, Section 151 could not be used to grant ex parte interim injunction in the face of Section 80(2) CPC, which mandates its own procedure and requires a reasonable opportunity to show cause before urgent relief is granted against the Government or a public officer. An order made by bypassing that mandatory scheme was held to be without jurisdiction, and the injunction was set aside.

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Issues: (i) Whether a revision under Section 115 of the Code of Civil Procedure, 1908 was maintainable against the order granting temporary injunction. (ii) Whether the Munsiff could invoke Section 151 of the Code of Civil Procedure, 1908 to grant ex parte interim injunction in the face of Section 80(2) of the Code of Civil Procedure, 1908.

Issue (i): Whether a revision under Section 115 of the Code of Civil Procedure, 1908 was maintainable against the order granting temporary injunction.

Analysis: An order passed under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 is appealable, and where an appeal lies, revision is barred by Section 115. On the facts, the impugned order was treated as one made under the Court's inherent power under Section 151, and not as a regular order under Order 39. On that footing, the bar to revision did not operate against the challenged order.

Conclusion: The revision was maintainable.

Issue (ii): Whether the Munsiff could invoke Section 151 of the Code of Civil Procedure, 1908 to grant ex parte interim injunction in the face of Section 80(2) of the Code of Civil Procedure, 1908.

Analysis: Section 80(2) permits urgent relief against the Government or a public officer only within its own framework and still requires a reasonable opportunity of showing cause before interim or other relief is granted. The provision is mandatory and cannot be bypassed by resort to inherent powers where the Code itself provides a procedure. The order granting ex parte injunction was therefore made beyond jurisdiction, since the Court could not override Section 80(2) by invoking Section 151.

Conclusion: The invocation of Section 151 was impermissible and the injunction order was without jurisdiction.

Final Conclusion: The challenge to the ad interim injunction succeeded, and the impugned order was set aside.

Ratio Decidendi: Where the Code expressly provides a procedure for urgent interim relief and makes it mandatory to give the opposite side an opportunity to show cause, inherent powers under Section 151 cannot be used to bypass that procedure; an order made in derogation of such a mandatory provision is without jurisdiction.

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