Back
PATNA HIGH COURT
N.L.Untwalia, J.
S.M.Aftab Ahmad
Versus
Bibi Bentul Fatma
Civil Revision No. 1718 of 1966 ;
Decided On : APRIL 20, 1967
Injunction - Delay in Final Hearing - Error of Jurisdiction
Fact of the Case:
The court refused to interfere with the order of the court below, which had delayed the final hearing of the suit after an ad interim order for injunction was made on a certain date.
Finding of the Court:
The court found that the lower court had committed an error of jurisdiction by refusing to conclude the matter of injunction with a final hearing, and therefore, exercised its power under Sec.115 of the Code of Civil Procedure to set aside the order and direct the lower court to hear the matter of injunction before the suit's hearing.
Issues: Delay in final hearing, refusal to conclude matter of injunction, error of jurisdiction
Ratio Decidendi: The court's decision was influenced by the principle that in the matter of injunction, a final hearing should follow an ad interim order, and the lower court's refusal to do so constituted an error of jurisdiction.
Final Decision: The application in revision was allowed, the order was set aside, and the lower court was directed to hear the matter of injunction before the suit's hearing.
N.L.Untwalia, J.
1. I think, it is not proper to refuse to interfere with the order, dated the 25th November, 1966, of the court below now when the hearing of the suit has already been delayed so far. On principle, in the matter of injunction, when only an ad interim order was made on the 15th July, 1964, the matter ought to have been concluded by a final hearing as to whether the temporary injunction will continue; if so on what terms, until the disposal of the suit. Since the Court below has refused to do so, it is clear that it has committed an error of jurisdiction. And as I have said above, no useful purpose will be served by my saying now that still I refuse to exercise my power under Sec.115 of the Code of Civil Procedure and interfere with the order dated the 25th November 1966
2. In the result, the application in revision is allowed, the order is set aside and the Court below is directed to hear the matter of injunction in connection with which the ad interim order was made on the 15th July, 1964, and pass such order as it may think fit and proper, before the taking up of the hearing of the suit. There will be no order as to costs.
3. Let the lower courts records be sent down at once.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
