Inherent jurisdiction can support interim injunctions before suit registration to preserve disputed property and funds.

A civil court may use its inherent jurisdiction to grant protective interim relief to preserve the subject-matter of litigation, even before a plaint is numbered and registered as a suit on an application to sue as a pauper. The procedural code is not exhaustive where urgent protection is needed to secure the ends of justice. The injunction was also justified on the materials filed, because the application and supporting affidavit disclosed a real risk to the property and disputed funds, while no written reply or contrary evidence was produced. The injunction order was therefore sustained, and the appeal failed with costs.

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Issues: (i) Whether the Court had jurisdiction to grant a temporary injunction before the plaint was numbered and registered as a suit on an application to sue as a pauper. (ii) Whether the injunction order required interference on the merits.

Issue (i): Whether the Court had jurisdiction to grant a temporary injunction before the plaint was numbered and registered as a suit on an application to sue as a pauper.

Analysis: The proceeding had reached the stage where an application for leave to sue as a pauper and a request for protective relief were before the Court. Even if the matter did not strictly fall within Order 39, the Court retained power to protect the property in dispute by using its inherent jurisdiction. The procedural code was not exhaustive, and the Court could act to secure the ends of justice and preserve the subject-matter of litigation.

Conclusion: The Court had jurisdiction to grant the injunction.

Issue (ii): Whether the injunction order required interference on the merits.

Analysis: The material before the Court showed an unrebutted application and supporting affidavit asserting a real risk to the property and moneys in dispute. No written reply or contrary material had been filed to undermine those assertions. On that footing, the lower Court's view that protective relief was necessary could not be treated as or unjustified.

Conclusion: The order did not call for interference.

Final Conclusion: The appeal failed and the injunction order was sustained, with costs.

Ratio Decidendi: A civil court may, in aid of justice and for preservation of the subject-matter of litigation, grant protective interim relief under its inherent powers even where the matter is not yet a regular suit in the strict procedural sense.

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