subsequent injunction aplication in same suit
Adv M.D.Azhar
(Querist) 15 February 2014
This query is : Resolved
sir. plaintiff filed an application for permenant injunction and suit for decleration along with. which was rejected by the trial court and in the same suit plaintiff uas filed another injunction application for temperory injunction in the same suit. weather is tenable?
Advocate. Arunagiri
(Expert) 15 February 2014
What do you mean by application and suit?
When the suit was rejected by the trial court, how can you file another application in that suit?
Adv M.D.Azhar
(Querist) 15 February 2014
sir. i mean plaintiff filed a suit for declaration and injunction earlier. the suit is still pending before the court but injunction application was decided and the injunction application was rejected by the trial court. against that order plaintiff till today not preffered an appeal. now it is the say of the plaintiff that defendant digging the wel in the suit property and therefore he prayed for injunction in the same suit in which earlier injunction app was rejected. though at that time prayer was different and this time prayer is different. but at the earlier injunction app court did not consider his possession. so weather resjudicata come in to action because plaintiff has filed subsequent injunction app in same suit between same party. weather it is barred by law? i need help on that issue weather court can entertai this kind of application or is there any provision in c.p.c. to file subsequent injunction application in or.39,r.1 & 2?
Devajyoti Barman
(Expert) 16 February 2014
Second application for injunction in the same suit is permissible but change in circumstances has to be there.
Advocate Bhartesh goyal
(Expert) 16 February 2014
Yes ,in change circumstances second application for temp.injunction is maintainable in same suit.
Rajendra K Goyal
(Expert) 16 February 2014
Agree with the expert Devajyoti Barman and Advocate Bhartesh goyal ji.
Biswanath Roy
(Expert) 16 February 2014
If persuant to a title suit the plaintiff's application under Or 39 Rule 1 & 2 was rejected even then upon a seperate cause of action with seperate prayer a second petition for injunction lies valid and maintainable . It is not conflicting with the Law of Res-judicata.
Dr J C Vashista
(Expert) 17 February 2014
File another application for interim injunction (O. XXXIX R1 &2 CPC)
T. Kalaiselvan, Advocate
(Expert) 18 February 2014
Yes change in the circumstance will entitle the plaintiff to file another application seeking the relief of injunction in the same suit subsequently.
