2. The substantial question of law arising for consideration in these appeals is whether a Civil Court, seized of a plaint filed under Section 92 of the Code of Civil Procedure, 1908 (‘Code’), together with an application seeking leave to institute the suit, possesses the power to pass protective or preservatory interim orders during the pendency of the leave application?

60. In light of the foregoing discussion, this Court holds that a Civil Court, seized of a plaint under Section 92 of the Code together with an application seeking leave to institute the suit, is not empowered to pass protective or preservatory interim orders pending disposal of the leave application. However, for compelling reasons to be recorded in writing like where facts disclose the necessity of urgent relief, notice prior to the grant of leave may be dispensed with.