AIR 1997 RAJASTHAN 198 ::(1997) 2 WLC (RAJ) 201 ::(1997) 2 CivLJ 855 ::1997 (1) RajLW 489

Rajasthan High Court

Hon'ble Judge(s): Shiv Kumar Sharma , J

(A) Civil P.C. (5 of 1908) , O.39 R.1, O.39 R.2— Temporary injunction - Grant of Temporary injunction regarding reliefs not sought in main suit - Cannot be granted. The Court has no jurisdiction to grant by way of interim relief what could never be granted in the main suit itself. Thus an interim injunction granted during the pendency of a suit should not be of greater scope than what could be granted in the suit. The plaintiff who seeks temporary injunction should not only show the prima facie case and balance of convenience but also irreparable injury and also that the case falls within the exceptional category of cases where the Courts should intervene immediately in granting reliefs which may in fact cover the entire relief that should have been granted in the suit itself.(Para 3 4) (B) Civil P.C. (5 of 1908) , S.115, O.39 R.1, O.39 R.2— Revision - Interference by Court - Rejection of application for temporary injunction - Concurrent finding of Courts regarding failure of applicant to make out prima facie case - Not liable to be interfered with. (Para 5) .....