Dharampal And Others vs Devraj on 29 October, 2025
A perusal of the evidence of PW-1 which has been discussed in
detail hereinabove, would show that positive evidence had been led by the
plaintiff to show that the defendants deserved to be injuncted even from
using the word "Vimal Wadhwa Saree Palace" as the word "Vimal" was
deceptively similar to the word "Bimal". The said witness was duly cross-
examined. Due opportunities were given to both the parties to lead their
evidence in support of the said issue and thus, full trial had taken place on
the said issue. The trial court, after considering the entire oral evidence and
the documents on record, including the report of the Local Commissioner
and the photographs produced by the Local Commissioner, had decided
issue No.1 in favour of the plaintiff. This Court also, after having
reconsidered the entire evidence and documents on record, is of the view
that the finding on the recasted issue no.1 deserves to be upheld. In view of
the above and without there being any challenge to the order recasting of the
issue, at the appropriate stage, it is not now open to the appellants to say that
grant of injunction qua Vimal Wadhwa Saree Palace was not in issue during
trial or could not be granted. Moreover, it has been held by the Co-ordinate
Bench of this Court in a judgment dated 30.10.2015 passed in Regular
Second Appeal No.3938 of 2009, titled as "Amrit Lal and another Vs.
Sadhu Ram and another", the SLP against which has been dismissed on
15.02.2016 (SLP No.2624/2016), that if anything had been done by a party
after the filing of the suit, then, the relief granted to the plaintiff could be
modified and even in case a suit for permanent injunction has been filed, if
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any act takes place during the pendency of the suit, then, the Court could
even grant mandatory injunction although no amendment had been made in
the plaint to claim mandatory injunction. The relevant portion of the said
judgment is reproduced herein below:-