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G. S. AHLUWALIA
M. P. Krishi Upaj Mandi Samiti – Appellant
Versus
Prakash Nagpal – Respondent
ORDER
1. This petition under Article 227 of Constitution of India has been filed seeking the following reliefs:
(i) Issue a Writ of Certiorari and set aside impugned order dated 26.7.2024 passed in MCA No.133/24 by 20th Additional District Judge, Jabalpur, annexure-P/7, in entirety in the interest of justice.
(ii) Consider grant of any other relief which this Court may deem proper and appropriate under the fact and circumstances of the case.
2. It is submitted by counsel for petitioners that respondent No.1 filed an application under section 94 of CPC for grant of temporary injunction. Said application was dismissed by Seventh Civil Judge, Junior Division, Jabalpur by order dated 11.7.2024 passed in MJC No.430/2024. Being aggrieved by said order, respondent No.1 preferred an appeal, which was registered as MCA No.133/2024 and by impugned order dated 26.7.2024, 20th District Judge, Jabalpur has allowed the appeal and has issued a temporary injunction order against the petitioners, which has been made applicable till final disposal of suit.
3. It is submitted by counsel for petitioners that as per section 67 of Krishi Upaj Mandi Adhiniyam, 1972 (in short “Adhiniyam, 1972”), no suit
The jurisdiction of the civil Court can be excluded under specific statutory provisions, and the application under Order 7 Rule 11 of CPC is to be decided based on the averments in the plaint.
The main legal point established in the judgment is the relevance of the averments in the plaint for deciding an application under Order 7, Rule 11 of CPC and the availability of an alternate remedy ....
Trial courts must evaluate and provide reasoning for injunction applications based on urgency and merits before requiring notice to the other party, as mandated by procedural rules.
The court must record reasons for granting ex-parte injunction without notice, making this requirement mandatory for valid exercise of jurisdiction.
Trial courts must evaluate all materials presented in applications for injunctions and provide clear reasoning for their decisions, especially when considering ad-interim orders.
The main legal point established in the judgment is the understanding of the legislative scheme of the Code of Civil Procedure, 1908, and the correct interpretation of the provisions of Section 94, O....
The failure to record reasons for granting an ex-parte injunction without notice constitutes a jurisdictional error and renders such orders unsustainable.
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