Badrilal vs Sampat - 1978 Supreme(MP) 700

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1978 Supreme(MP) 700

B.R.DUBE
Badrilal – Appellant
Versus
Sampat – Respondent

Short Note :

1. This revision is directed against the order dated 27-7-78, passed by the learned Second Additional District Judge, Ujjain, in Civil Misc. Appeal No.4 of 77, whereby the trial Court's order disposing of the applications made by the applicant and the non-applicants for temporary injunction was set aside and the case was remanded back for reconsideration.

Held: The lower Court in the impugned order has said that the trial Court disposed of the applications with respect to the grant of injunction without considering the material facts. The contention of the learned counsel for the applicant is that the lower appellate Court could have considered those facts and given its own finding. It is true that the order of remand does not fall either under Order 41, rule 23 or Order 41, rule 25 CPC and instead of remanding the case the lower appellate Court could have arrived at its own finding after considering the material on record which was ignored by the trial Court. However, the order of remand can be taken to be one under section 151 CPC. The impugned order, if allowed to stand would not cause prejudice to the applicant. It would also not cause any irreparable injury. It is u

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