AIROnline 2019 Cal 71

Calcutta High Court

Hon'ble Judge(s): Sabyasachi Bhattacharyya , J

Civil P.C. (5 of 1908) , O.39 R.2— Temporary injunction - To restrain defendants from disturbing peaceful possession of the plaintiffs or changing the nature and character of suit property - Specific admission of the plaintiffs that predecessor of the defendants was the owner of only half of the entire suit property - In the absence of any averment as to the other half being demarcated or partitioned by metes and bounds, injunction application are prima facie barred by the principle of non-joinder of necessary parties.