citations on maintainability of suit of permanent injunction
J.Satyamurthy
(Querist) 14 October 2008
This query is : Resolved
Sir,Facts of the case.Plaintiffs filed a suit for Suit for permanent injunction on open suit land,got contested interim injunction orderin their favour,agrieved by it defendants filed CMA,it was not seriously contested by the plaintiffs,the same is allowed.now my problem before the experts is that-Is still the suit is maintainable for commencement of trail- plz help me in regard with citations
KamalNayanSaxena
(Expert) 15 October 2008
please post full particulars of your case
J.Satyamurthy
(Querist) 15 October 2008
Sir,Plaintiffs suit for permanent injunction,interim order vacatated,my question is whether the plaintiffs suit is maintainable-
J.Satyamurthy
(Querist) 15 October 2008
Interim injunction order is vacated at all levels,That is at jr Civil,District Court,High Court- Now my quesion before the experts is that whether the plaintiffs suit is still maintainable- plz give me the cititations in favour/against
anonymus
(Expert) 15 October 2008
Sir, as already stated the interim orders will not act as resjudicata. the suit is still maintianable and will have to be decided on merits based on the oral or documentary evidence. It is not necessary that the suit has to follow the result of the I.A.
J.Satyamurthy
(Querist) 15 October 2008
Respected mehbub sir,thanks for immediate response,can you plz take further pains in giving me the citations
Kiran Kumar
(Expert) 17 October 2008
dear Satyamurthy its a basic law, u need not to quote citations in this regard.
dismissal of interim application does not mean that ur case is not having no merit.
interim applications are decided on the basis of prima facie considerations.
suit is still maintainable and do contest it with the best evidence.
well we ll try to get u few judgments also, wait for some time :-)
ARVIND JAIN
(Expert) 18 October 2008
YES MR KIRAN IS RIGHT.
