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1974 Supreme(Del) 112

B.C.MISRA
MUNNI/JASWANT KAUR – Appellant
Versus
BHONRL DEVI – Respondent


Advocates Appeared:
S.N.Mehta, SULTAN SINGH

B. C. Misra

( 1 ) [one Mohanlal took on lease plot of land for 15 years w. e. f. 1. 9. 49. He put up structures on the same. On the expiry of 15 years, Respondent I sued him for eviction on 26. 5. 69. He died on 3-1-70 and all his LRS from 2 widows were brought an record. Report of service of the petitioner was refusal. It was deemed a sufficient service. Some L. R s appeared and suit was decreed on 15-5-71. Petitioner s mother then made an application for setting aside of exparte decree. Petitioner did not join her. Application was dismissed. Petitioner then filed instant suit for setting aside of the decree and applied for interim injunction under 0. 39 Rules 1and2 and S. 151, Civil Procedure Code. Trial Court held that plaintiff had no prima facie case. 1st appellate Court held that order appealed against was made u/s 151 and was not appealable. Petitioner moved High Court. ]. Para 6 onwards, judgement is ,-

( 2 ) THE principles for the grant of temporary injunction are well-settled. In order to obtain the interim relief, the plaintiff must show :- (i) That he has a prima-facie case ; (ii) that he is likely to suffer an irreparable injury if the injunction is not granted ; (ii






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