Civil Procedure Code, 1908 - Order 39, Rules 1 and 2 and Order 43, Rule 1 - Interim injunction

Civil Pro­ce­dure Code, 1908 — Order 39, Rules 1 and 2 and Order 43, Rule 1 — Interim injunc­tion — Civil Pro­ce­dure Code, 1908 — Order 39, Rules 1 and 2 and Order 43, Rule 1 — Interim injunc­tion — Prima facie case — Trial Court did not pass ex parte order but issued show cause notice to defen­dant — First appel­late Court with­out dis­cussing oral evi­dence taken pur­suant to remand order, merely stated that it has perused evi­dence — Instead of dis­cussing whether plain­tiff had prima facie proved his pos­ses­sion as a ten­ant and whether he adduced any evi­dence to show that he was forcibly dis­pos­sessed, appel­late Court passed interim order — More­over, dis­tur­bance of sta­tus quo by defen­dant has not been estab­lished — Order passed by first and sec­ond appel­late Court call for inter­fer­ence and set aside — Trial Court directed to dis­pose of suit expe­di­tiously in accor­dance with law. To get cita­tion of this judg­ment email link of this post to advppc1@gmail.com

Civil Procedure Code, 1908 - Order 39, Rules 1 and 2 and Order 43, Rule 1 - Interim injunction