Amit bhardwaj
(Querist) 10 May 2011
This query is : Resolved
Is it any citation related to suppression of material facts by Plaintiff makes him dis-entitles for T.I.?
adv. rajeev ( rajoo )
(Expert) 11 May 2011
the first and foremost fact to get the injunction order is that you should be in possession and you have to prove balance of convinience lies in your favour and you have got prima facie case.
Guest
(Expert) 11 May 2011
order 39 of C.P.C. has to be complied for granting the injunction and the application should be disposed off within thirty days. most important things is though prima facie case is made out and the balance of convenience on the plaintiff the irreparable loss in caused to the defendant is more the order 39 rule 4 of C.P.C.will apply for vacation of temporary injunction or go for appeal on this ground of non disclosure of material facts. The following authority in which the principle followed
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