Whether appellate court can grant injunction if trial court has issued show cause notice in application for temporary injunction?
and order whereby the appellate court dismissed the petitioner’s
appeal on the ground that the order of the Ld. Trial Judge was not
an appealable order. According to the view, I have taken the Ld.
Trial Court’s order was an order under Order 39 Rules 1 and 2 of
the CPC and hence appealable as provided in Order 43 Rule 1 (r)
of the Code. The further view of the appellate court that it did not
have the power to pass ad interim injunction is also erroneous in
law. Section 107 (2) of the CPC provides that the appellate court
shall have the same powers as are conferred by CPC on courts of
original jurisdiction.
In the High Court At Calcutta
Civil Revisional Jurisdiction
Appellate Side
CO 2191 of 2013
Nanda Roy & Ors.
-Vs.-
Gynanidhi Trust & Ors.
Coram : The Hon’ble Justice Arijit Banerjee
Judgment : 09/09/2015
Citation: AIR 2016(NOC)289 Cal
https://www.lawweb.in/2016/05/whether-appellate-court-can-grant_27.html
