Injunctions cannot restrain proceedings before a non-subordinate court, including interim orders under the Specific Relief Act.

Section 41(b) of the Specific Relief Act bars an injunction restraining proceedings before a court not subordinate to the court granting relief, and the bar applies equally to interim injunctions. The Bombay High Court held that the Small Causes Court could not restrain a dispute pending before the Officer on Special Duty under Section 91 of the Maharashtra Co-operative Societies Act, as that proceeding was treated as a court proceeding for this purpose. The existence of parallel proceedings and the possibility that the Section 91 dispute might be decided earlier did not justify the restraint. The injunction was therefore unsustainable and the revision succeeded, with costs.

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Issues: Whether the Small Causes Court had jurisdiction to restrain the parties from proceeding with a dispute before the Officer on Special Duty under Section 91 of the Maharashtra Co-operative Societies Act, 1960, in view of Section 41(b) of the Specific Relief Act, 1963.

Analysis: The restraint order was examined against the bar contained in Section 41(b) of the Specific Relief Act, 1963, which prohibits an injunction from restraining prosecution of proceedings in a court not subordinate to the court granting injunction. The proceeding before the Officer on Special Duty was treated as a court proceeding for this purpose, and it was held that the Small Causes Court could not, even temporarily, do what the law prohibited it from doing permanently. The existence of parallel proceedings and the possibility of the dispute under Section 91 being decided earlier also weighed against the grant of injunction.

Conclusion: The Small Causes Court had no jurisdiction to restrain the proceeding under Section 91 of the Maharashtra Co-operative Societies Act, 1960, and the injunction order was unsustainable.

Final Conclusion: The revision succeeded and the impugned injunction was set aside with costs.

Ratio Decidendi: Section 41(b) of the Specific Relief Act, 1963 bars a court from granting an injunction to restrain prosecution of proceedings before a court not subordinate to it, and such a bar applies equally to interim injunctions.

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