Injunction
seetharaman
(Querist) 06 November 2010
This query is : Resolved
Respected sir
I appeared for respondent in a injunction petition. I have successfully vacated the injunction order. Now the petitioner is filing a second petition seeking for temporary injunction till the preference of appeal. whether such a petition is maintainable. provision of law quoted by petitioner is order 39; rule 2(1) and section 94(e) of c.p.c.
Raj Kumar Makkad
(Expert) 06 November 2010
One my also file appeal against the dismissal of his application filed under order 39 rule 1 & 2A read with section 151 of CPC before the appellate court and no injunction order is generally passed in such appeals ex-parte means both the parties are duly heard by courts so you are not going to lose if the matter is duly discussed and your defence is upheld even by appellate court.
Sathyan A.R.
(Expert) 06 November 2010
an appeal can be prefrred by your opponent against the order vacating the injunction order 43 rule 1(r).
As regards the second temporary injuction applicaion filed, the court has inherrent power to admit allow or reject.
Normaly in the case of your type courts do not pass expartee judgment.
you may also think of filing cveat befoe the court if you apprehend the court will pass temporay injunction
adv. rajeev ( rajoo )
(Expert) 07 November 2010
He cannot file another application for the same relief which is already dismissed. He has to file miscelleneous appeal. You can take the defemse.
Sathyan A.R.
(Expert) 07 November 2010
my dear adv. rajeev
with respect to your view i dffer on the issue of resudicata. Since the mater is chalenged in appeal the question of resjuidcata is not applicable here. The principle of resjdicata is applicbale to cases which are finaly settled or the time limt for filing appeal is expired.
s.10 cpc adn ssection 11
Advocate. Arunagiri
(Expert) 07 November 2010
If any IA seeking for injunction is dismissed or vacated, that party cannot once again file a petition for the same prayer, even if it is a temporary one. Mr.Rajoo is perfectly right. Res-judicata applies to the IA also.
barun deka
(Expert) 07 November 2010
i suppose the appeal is a misc. appeal against the order passed under o39 r4 (vacation of injunction). now at best he can in the misc. appeal press for an interim prayer for stay of the operation of the impugned order. in my opinion the subsequent petition is liable to be dismissed in limine unless ofcourse he can plead and prove that a fresh cause of action has arisen due to change in the circumstances in which case i believe the principle of re judicata would not apply
s.subramanian
(Expert) 08 November 2010
No such petition can be entertained by the original court which vacated the order. It is illegal.
Chanchal Nag Chowdhury
(Expert) 08 November 2010
A separate injunction application cannot be entertained by the trial court but it can entertain an application u/s151 CPC & direct stay of operation of the vacating order for a limited period in order to give a reasonable opportunity for filing of the appeal.
M V Gupta
(Expert) 10 November 2010
Yes, An application under Sec, 151 of CPC as mentioned by Shri,Nag Chowdhury can be filed and may be considered by the Court. It may be granted by the trial court unless you are able to convince the Court that such temporary order would result in hardship to your client and undue advantage to the other party.
