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Supreme Court Of India

(From : Andhra Pradesh)

Hon'ble Judge(s): Tarun Chatterjee, H. L. Dattu , JJ

(A) Civil P.C. (5 of 1908) , O.39 R.1— Injunction - Grant of - Party unable to prove prima facie case - Injunction cannot be granted even if such party makes out case of balance of convenience and irreparable injury. In order to obtain an order of injunction, the party who seeks for grant of such injunction has to prove that he has made out a prima facie case to go for trial, the balance of convenience is also in his favour and he will suffer irreparable loss and injury if injunction is not granted. But it is equally well settled that when a party fails to prove prima facie case to go for trial, question of considering the balance of convenience or irreparable loss and injury to the party concerned would not be material at all, that is to say, if that party fails to prove prima facie case to go for trial, it is not open to the Court to grant injunction in his favour even if he has made out a case of balance of convenience being in his favour and would suffer irreparable loss and injury if no injunction order is granted.(Para 13) (B) Civil P.C. (5 of 1908) , O.41 R.5, O.39 R.1— Appeal - Stay of execution of decree - Appeal against dismissal of suit for declaration as Pontiff of Math and decree of mandatory injunction passed against plaintiff - Plaintiff found to be entrusted only wit....