Injunction against execution of decree unavailable where the Code provides an exhaustive procedural scheme

An injunction restraining execution of a lawfully obtained decree was not available under Order XXXIX Rules 1 or 2 of the Code of Civil Procedure, 1908, because those provisions address threatened waste, damage, alienation, or cognisable injury, not execution of a decree itself. Section 94 did not enlarge that power beyond the Rules framed under the Code. Section 151 could not be used to grant the same relief where the Code already provided a specific and intendedly exhaustive procedural scheme. The result was that the Code did not authorise an injunction against execution of the decree in the stated circumstances.

---

---

Issues: Whether an injunction could be granted under Order XXXIX Rule 1 or Rule 2 of the Code of Civil Procedure, 1908, to restrain execution of a decree; whether Section 94 of the Code of Civil Procedure, 1908, enlarged that power beyond the Rules; and whether Section 151 of the Code of Civil Procedure, 1908, could be invoked to grant such relief.

Analysis: A restraint against execution of a lawfully obtained decree did not fall within Order XXXIX Rule 1, since there was no danger of waste, damage, or alienation of property. It also did not fit Rule 2, because the complained-of act was execution of a decree and could amount to injury only if the decree itself were illegal. Section 94 was held to be controlled by the Rules framed under the Code, so it did not confer a wider independent power. The inherent power under Section 151 could not be used where the Code had already made specific provision and was intended to be exhaustive on the subject.

Conclusion: The Court held that no injunction could be granted on the facts under Order XXXIX, Section 94, or Section 151 of the Code of Civil Procedure, 1908.

Final Conclusion: The petition failed because the Code did not authorise an injunction restraining execution of the decree in the circumstances of the case.

Ratio Decidendi: Where the Code prescribes a specific procedural scheme for a remedy, inherent powers cannot be invoked to override or expand that scheme.

---