Independent equitable jurisdiction to restrain decree execution pending challenge to an ex parte decree, subject to security conditions.

A Chartered High Court may, apart from the express powers of the Code of Civil Procedure, exercise an independent equitable jurisdiction to grant injunctions in appropriate cases. That power can be used to restrain execution of an ex parte decree where parallel proceedings are pending to set aside the decree and enforcement could produce incompatible consequences. On the facts, the court found some prospects of success in the appeal, noted the substantial nature of the decree, and accepted security as a suitable safeguard. Interim protection against execution was therefore granted until disposal of the appeal, subject to security and an undertaking to pay interest.

---

---

Issues: Whether the High Court could, in exercise of its inherent and equitable jurisdiction, grant an injunction restraining execution of an ex parte decree pending disposal of the appeal against the order refusing to set aside that decree.

Analysis: The Court held that, apart from the powers conferred by the Code of Civil Procedure, the Chartered High Courts possessed an equitable jurisdiction derived independently from the old Supreme Court to issue injunctions in appropriate cases. It distinguished cases where relief could not be brought within the Code and accepted that the existence of parallel proceedings for execution of the decree and for setting aside the decree justified intervention to avoid incompatible consequences. On the facts, the appeal against refusal to set aside the ex parte decree appeared to have some prospects of success, the decree was substantial, and security could be insisted upon as a condition for interim relief.

Conclusion: The injunction was granted to restrain execution of the decree until disposal of the appeal, subject to the judgment-debtor furnishing security and undertaking to pay interest; failing compliance, the injunction would cease and the petition would stand dismissed with costs.

Final Conclusion: Interim protection against execution was allowed on conditions, affirming the High Court's power to restrain enforcement of a decree in aid of pending proceedings challenging it.

Ratio Decidendi: A Chartered High Court may, apart from the express provisions of the Code of Civil Procedure, exercise an independent equitable power to grant injunctions in appropriate cases to prevent inequitable execution of a decree pending adjudication of proceedings that may upset it.

---