AIR 1988 RAJASTHAN 61 ::(1987) 1 Raj LR 976 ::(1987) Raj LW 575

Rajasthan High Court

Hon'ble Judge(s): Inder Sen Israni , J

Civil P.C. (5 of 1908) , S.11, O.39 R.1, O.39 R.2— Temporary injunction - Second application - Not barred by principles of res judicata - Such application can however be considered only if new facts and circumstances are proved. To the second application for issue of temporary injunction under O.39, Rr. 1 and 2, there is no bar under the principles of res judicata for its consideration, but the same can be considered only when the petitioner shows that such consideration is necessary in view of new facts and new situation and circumstances that have taken place subsequently. Interlocutory orders tike temporary injunctions are meant only to preserve the status quo during the pendency of the proceedings and do not decide the controversy in issue on merits. Such orders are therefore capable of being altered or varied, but only on proof of new facts or new situation, which may have emerged subsequently.