1. One very peculiar problem is phased in injunction matters where interlocutary order has been passed in favour of plaitiff and suit has been dissmised in default. What will be the fate of that interlocutary stay order after restoration of the suit? General impression is that all orders shall revive after restoration. < see O 9 R 9 N 22 AIR Manual Vol 5 page 1056> BUT AIR 1976 Allahabad 264 says that Interim injunction order shall not revive on restoration of the suit.
2. Comman routine in courts is that court asks plaintiff to move application for extension of interim stay order in case of adjournments. BUT 2001 ( 42) ALR 568 says that there is no need to move such application.
"Loved reading this piece by Sanjay Agarwal?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Tags :Civil Law
