FLRM ISHARDAS DEVI CHAND & ANR. versus R. B. PARKASH CHAND & ANR.

FLRM ISHARDAS DEVI CHAND & ANR. versus R. B. PARKASH CHAND & ANR.

The trial court's order refusing temporary injunction was appealable under Order XLIII Rule 1 CPC as it was made under Order XXXIX Rule 2, but on merits, the appellants failed to establish a prima facie case or injury under Order XXXIX Rule 2; accordingly, the appeal was dismissed.

Parties
Applicant: Firm Ishar Das Devi Chand; Applicant: Devi Chand; Applicant: Manohar Lal; Respondent: R. B. Parkash Chand; Respondent: Another respondent
Jurisdiction
India
Judgment Date
13 February 1969
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Temporary Injunction, Appealability of Orders, Injury Under Order XXXIX Rule 2
Civil Procedure Temporary Injunction Appealability of Orders Injury Under Order XXXIX Rule 2

Case Brief

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Parties

Firm Ishar Das Devi Chand

Applicant

Devi Chand

Applicant

Manohar Lal

Applicant

R. B. Parkash Chand

Respondent

Another respondent

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether the order of the trial court refusing temporary injunction was appealable under Order XLIII Rule 1 CPC
  2. 2 Whether the execution of a valid eviction order constitutes injury under Order XXXIX Rule 2 CPC
  3. 3 Whether a prima facie case for temporary injunction was made out

Ratio Decidendi

The trial court's order refusing temporary injunction was appealable under Order XLIII Rule 1 CPC as it was made under Order XXXIX Rule 2, but on merits, the appellants failed to establish a prima facie case or injury under Order XXXIX Rule 2; accordingly, the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs