Appellate interim injunctions are limited by Order 39 Rule 1 CPC; inherent power cannot bypass that restraint.

An appellate court can grant an interim injunction only where the request falls within Order 39 Rule 1 of the Code of Civil Procedure, 1908. In appellate jurisdiction over mofussil proceedings, the court has no inherent power to issue injunctions merely on equity and good conscience. If the decree under challenge remains operative, the successful party cannot be restrained from acting on it unless the statutory conditions for injunction are satisfied. The appellate court therefore lacked jurisdiction to grant the injunction.

---

---

Issues: Whether the appellate court could grant an interim injunction in the absence of applicability of Order 39, Rule 1 of the Code of Civil Procedure, 1908.

Analysis: An interim injunction in appellate proceedings can be granted only if it falls within the scope of Order 39, Rule 1 of the Code of Civil Procedure, 1908. The court has no inherent power in appellate jurisdiction over mofussil proceedings to issue an injunction merely on considerations of equity and good conscience. Where the decree under challenge remains operative, the court cannot restrain a successful party from proceeding in accordance with that decree unless the statutory conditions for injunction are satisfied.

Conclusion: The appellate court had no jurisdiction to grant the injunction.

Ratio Decidendi: A court exercising appellate jurisdiction cannot grant an interim injunction unless it is authorized by Order 39, Rule 1 of the Code of Civil Procedure, 1908; inherent powers cannot be invoked to bypass that limitation.

---