AIR 1958 MADRAS 287 ::1971 MadLW 211 ::(1958) 1 MadLJ303 ::ILR (1958) Mad 720

Madras High Court

Hon'ble Judge(s): P. Rajagopalan, Basheer Ahmed Sayeed , JJ

(A) Civil P.C. (5 of 1908) , O.39 R.1— Temporary injunctions. An interim relief granted during the pendency of a suit should not be of greater scope than what could be granted in the suit itself, after the party has established his right in the suit to that relief. This consideration would be a very relevant factor to be taken into account in deciding whether a court should or even could grant such an interim relief, especially so when the person against whom the interim injunction is sought is not a party to the suit, and against whom no relief could be granted in the suit itself.(Para 13) Anno: AIR Com., C. P. C, O. 39 R, 1 N. 2. (B) Civil P.C. (5 of 1908) , O.9 R.1— Scope of Cl. (a). An interim relief is granted to a person on the footing that that person is prima facie entitled to the right on which is based the claim for the main relief as well as the interim relief. That relief is granted as an interim measure till the disposal of the suit in which is to be investigated the validity of the claim of right that has been put forward. If no such claim has been put forward in the suit, it means that there can be no occasion for investigation of such a claim in the suit, there can be no justification for the grant of an interim....