injuction
Ashvin Khambhata
(Querist) 01 July 2010
This query is : Resolved
I have filled one suit against the against union to restraint them from dharna or demonsration under order 39 rule 1.2 of c.pc but civil court has not entertained this application on ground of juridiction hence rejected now i want to know wheather appeal lies or revision .pl also quote judgments
ASHVIN KHAMBHATA
Pankaj Mehta
(Expert) 01 July 2010
Mr. Ashwin
Civil suit can not be filed u/o 39 rule1,2, only a application can be filed under this order, you must have filed a regular suit along with application for granting of TI.
you can prefer to file an appeal against rejection, you didnt mentioned here how it was rejected?? on merits??
Devajyoti Barman
(Expert) 01 July 2010
Miscellaneous appeal from the order rejecting the prayer for ad interim injunction. And it is right that the temporary injunction is interlocutory relief and hence you have to file suit for such reliefs which the civil court is not barred from passing under section 9 of CPC.
