Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Civil Procedure, 1908:Or. 39, rr. 1, 2 and 4 - Application by plaintiff for interim injunction - Interim order of status quo granted - Application by defendant for vacating interim order - High Court rejecting application under Or. 39 rr. 1 and 2 for non-impleadment of necessary parties - Appeal - Meanwhile application for impleadment allowed by trial court - HELD: Since High Court did not go into merits of the case, in view of changed circumstances, trial court would consider the matter afresh considering the effect of the impleadment of parties.In the suit for declaration of title and injunction filed by the predecessor-in-interest of the appellants, the trial court granted an interim order of status quo. In the appeal filed thereagainst by the defendant respondent, the High Court declined to interfere observing that them in application for injunction filed under Order 39, Rules 1 and 2 of tie Code of Civil Procedure, 1908 was yet to be decided on merits. Subsequently, on the application filed by the defendant-respondent under Order 39 r.4 CPC for vacating the interim order, the High Court rejected the application for temporary injunction filed by the plaintiff, holding that since the plaintiff had not imp leaded the three sons of the defendant, who had become co-owners of the property along with the defendant, no effective order of injunction could be passed in the absence of necessary parties in the suit. In the instant appeal, it was pointed out by the appellants that the High Court did not decide the case on merits and passed the impugned order on the technical ground of non-impleadment of necessary parties but, thereafter, the three sons of the defendant were impleaded in the suit. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1094 |
Petitioner | Rabindra Kumar Shaw (dead) Thr. Lrs. |
Respondent | Manick Lal Shaw |
SCR | [2007] 11 S.C.R. 601 |
Judgement Date | 2007-10-22 |
Case Number | 4926 |
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