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 | Others |
Headnote | Code of Civil Procedure, 1908 - Or. 39, rr. 1 & 2 - Interlocutory Orders/Proceedings - Nature and effect of - Civil suit by respondent no. I-plaintiff for declaration and permanent injunction against appellant-defendant - Temporary injunction also sought - While deciding the temporary injunction application, trial court inter alia directed parties 10 maintain status-quo - High Court while deciding appeals against the interlocutory order, invoked power u/s. 340, CrPC and directed lodging of a complaint against the appellant for having allegedly fabricated some documents filed inĀ· the suit - On appeal, held: The findings recorded while deciding interlocutory proceedings such as the one in present case (injunction proceedings) are prima facie in nature and their effect remains confined to the disposal of interlocutory proceedings only - Such findings do not come in the way of disposal of the civil suit on merits which is decided on the basis of the pleadings and evidence in the suit - Since the parties are yet to adduce evidence on merits, it is in the interest of all the parties that they adduce evidence so that the civil suit out of which the present appeal arises itself is disposed of, on merits -" Depending upon the outcome of the suit, appropriate directions can always be given, including the one given by High Court - Code of Criminal Procedure, 197 3 - s. 340 - Penal Code, 1860 - s.196. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 358 |
Petitioner | Ayan Chatterjee |
Respondent | Future Technology Foundation Inc. & Ors. |
SCR | [2017] 3 S.C.R. 538 |
Judgement Date | 2017-04-18 |
Case Number | 5655 |
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