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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Jai Chand – Appellant
Versus
Minakshi Walia – Respondent
JUDGMENT :
Nidhi Gupta, J.
The present civil revision petition has been filed by the plaintiff under
2. Learned counsel for the petitioner very vehemently submits that the learned lower appellate Court was in a patent error in remanding the matter back to the learned trial Court for deciding the application of the petitioner under Order 39 Rule 1 a
The court upheld that a judicial decision must align strictly with the relief sought by the party, reinforcing limitations on judicial discretion.
The trial court erred by not extending the interim injunction without assessing the merits of the case, necessitating correction under Article 227.
An appeal against an order declining a temporary injunction is maintainable if the order is made after hearing both parties, as per the CPC.
A temporary injunction cannot be granted without discussing essential principles, and a property owner cannot be restrained from using their property without a strong prima facie case.
The appellate court can remand a case for fresh adjudication if the trial court fails to consider all relevant facts and documents, ensuring complete justice.
The power of superintendence under Article 227 of the Constitution of India is to be exercised sparingly and only in appropriate cases where there is a gross failure of justice or grave injustice. Th....
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