TANMOY (director) 11 September 2009
A civil suit is filed and an application U/O-39, Rule-1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 is also filed and the civil judge has granted interim injunction against forceful eviction U/O-39, Rule-3 CPC. Petitioner is a foreign national. Opposite Party is stating that a foreign national cannot get relief of injunction under the law. Can you please tell me whether a foreigner is able to obtain perpetual injunction or not?
christian (Advocate) 11 September 2009
TANMOY (director) 11 September 2009
orissa
N.K.Assumi (Advocate) 12 September 2009
Yes, Injunction can be issued under Order 39 Rule 5 and 2 and also Order 40 rule 1 read with section 151 of the CPC under the doctrine of Mareva Injunction deduced from the case of Mareva comapania Naviera,SA vs Internationl Bulk Carriers SA: (1980) 1 All ER 213. Lord Denning MR in the said case observed : There is only one qualification to be made.. The Court will not grant an injunction to protect a person who has no legal or equitable right whatever.
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