AIR 1935 ALLAHABAD 480

Allahabad High Court

Hon'ble Judge(s): Sulaiman , C.J. AND Bennet , J

(A) Civil P.C. (5 of 1908) , O.21 R.32— Decree for injunction - Separate suit for damages is not the only remedy of decree-holder. There is a specific provision in O. 21, R. 32, Civil P. C., which provides for the execution of a decree for injunction. Therefore the only remedy of a decree-holder is not to bring a separate suit for damages.(Para 460C2) (B) Civil P.C. (5 of 1908) , O.39 R.1, O.39 R.2— Decree for injunction - Judgment-debtor failing to do act - Attachment can continue for three months. Where the injunction is foe the doing of an act, and the judgment-debtor has failed to do the act, the attachment can continue for three months and if in the meantime the judgment-debtor carries out the directions contained in the decree and in that way obeys the decree, his property cannot be sold. But where the injunction is for restraining him from doing an act and the judgment-debtor has already done the act in disobedience of the injunction he has made it impossible for himself to obey the decree. No doubt, the property cannot be sold until three months have expired after the attachment, but after the expiry of this period it will still be impossible for the judgment-debtor to show that he has obeyed the decree inasmuch as he has really irrev....