AIR 1968 KERALA 179 ::1967 Ker LT 667

Kerala High Court

Hon'ble Judge(s): M. Madhavan Nair , J

(A) Civil P.C. (5 of 1908) , O.34 R.1— Hypothecation by husband in favour of first wife and subsequent gift with transfer of possession to second wife - Suit by first wife to enforce hypothecation - Second wife not impleaded - Proceedings are incapable of affecting the title to or possession of the second wife. (1897) ILK 19 All 541 (FB), Rel. on. (Para 3) (B) Civil P.C. (5 of 1908) , O.39 R.1, S.115— Temporary injunction - Requisites - Non-consideration of documents produced - Order merits revision. the court does not issue the injunction unless it is thoroughly satisfied that there if a prima facie case in favour of the applicant it is also clear that a prima facie case implies the probability of the plaintiff obtaining a relief on the materials placed before the Court at that stage. Every piece of evidence produced by either party has to be taken into consideration in deciding the existence of a prima facie case to justify issuance of a temporary injunction, in excluding consideration of documents produced and relied on by a party, the Court acts in the exercise of its jurisdiction illegally or at least with material irregularity within the meaning of S. 115, AIR 1955 All 414 Foll.(Para 3) ....