Saran V, Nariman R F
Whether the High Court has given correct judgment by reversing the judgments of its lower courts?
The appellant contends that High Court cannot reverse any order made in the course of a suit or during a legal proceeding, except where the order is passed in favour of party filing revision, this is clearly stated under Section 115 of C.P.C. Therefore the judgment of High Court shall be set aside.
The Respondent contended that the decision of High Court was right and cannot be challenged. Respondent pointed out some important precedents which stated that a plaintiff should have a stronger case for trial, in which the standard should be higher than a prima facie case which is required for prohibitory injunction.
The impugned order passed by High Court was set aside and the previous judgments of the lower courts were validated.
"Since the suit filed is a Section 6 suit which is a summary proceeding in itself, the trial Court should endeavour to dispose of the Suit itself within a period of six months from today.
The appeal is allowed in the aforesaid terms." said the Supreme Court of India.