AIR 1920 CALCUTTA 239 ::(1920) 31 Cal LJ(79) 259 ::1920 (31) Cal LJ 259 ::1920 ILR (47) CAL 733 ::(1920) 56 Ind Cas 571

Calcutta High Court

Hon'ble Judge(s): Mookerjee, Fletcher , JJ

(A) Specific Relief Act (1 of 1877) , S.54— Apprehension of breach of obligation must be proved. Where a suit is in essence one for a perpetual injunction with prayers for declarations ancillary thereto, the plaintiff must establish that the injunction is required to prevent the breach of an obligation and unless he does so, the injunction claimed cannot be granted, more especially if equally efficacious relief can be obtained by any other usual mode of proceedings. (B) Practice - Appeal - Point not raised in suit or memo of appeal if going to root of case can be allowed to be urged. A point not taken in the trial Court, nor raised in the memorandum of appeal, may be urged at the hearing of an appeal if it goes to the root of the matter and raises the question of the competency of the Court to grant the relief claimed.