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1976 Supreme(All) 91

T.S.MISRA, PREMPRAKASH
The Allahabad Bank Ltd. – Appellant
Versus
Rana Sheo Amber Singh – Respondent


Advocates:
Sheo Gopal, for Appellant; S.C. Mathur, for Respondents.

Judgement

T. S.MISRA, J.:- I have had the advantage of reading the judgment prepared by my learned brother Prem Prakash, I agree with the conclusions reached by him but I would like to add something on the question of interlocutory injunction.

2. The grant of an interlocutory injunction is a remedy which is both temporary and discretionary. When an application for interlocutory injunction is made upon contested facts the decision whether or not to grant an interlocutory injunction has to be taken at a time when ex-hypothesi the existence of the right or the violation of it or both is uncertain and will remain uncertain until final judgment is given in the action. It is with a view to mitigate the risk of injunction to the plaintiff during the period before that uncertainty could be resolved that a practice has arisen to grant him relief by way of temporary injunction. The object seems to be to protect the plaintiff against injury by violation of his right for which he could not be adequately compensated in damages but the plaintiff's need for such protection must be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been p





































































































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