Temporary injunction cannot be decided along with suit
(Querist) 01 July 2020
This query is : Resolved
Order has been passed on temporary injunction application that the application will be decided along with the suit. Now advocate of plaintiff filed an application for urgent hearing of temporary injunction application. Is it maintainable? If not then please give me case laws.
Dr J C Vashista
(Expert) 02 July 2020
When the Court has kept the application u/o XXXIX Rule 1 & 2 CPC filed by plaintiff to be decided with main suit, it implies that prima faice there is "no" case and balance of convienance in favour of applicant for grant of injunction. Filing another application without change of circumstances may attract cost on applicant u/s 35A CPC