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1 - 5 of 5 (0.19 seconds)Article 227 in Constitution of India [Constitution]
Suryanarayana Paper And Boards Pvt. ... vs V. Padmakumar And Others on 21 April, 1995
In the decision reported in Sri Suryanarayana Paper and Boards Pvt. Ltd. v. Padmakumar and two Ors. , Srinivasan, J., as he then was, has held that an ad-interim injunction granted by a court which is not having jurisdiction, is null and void. In that case, the learned Judge said that, 'In those circumstances, the court at Udumalpet had no jurisdiction whatever to entertain the suit of the plaintiffs. The Court ought to have returned the suit for presentation in proper court even on the allegations contained in the plaint. In spite of the averments in paragraph 13 of the plaint, the District Munsif, Udumalpet chose to receive the plaint and granted an interim order, as prayed for by the plaintiffs. For the afore said reasons, both there orders of interim injunction are unsustainable and they have to be set aside.
K.K. Modi vs K.N. Modi & Ors on 4 February, 1998
In all the plaints relating to the suits referred to above, one thing that is common is, that it is the pastor's transfer that is in issue. The pastors themselves have not come to court putting forth any grievance. When the issue pertains to transfer of Pastor, he alone can be the affected person. Individual Members of the community cannot be aggrieved, nor can any individual member insist that he will get service only from a particular Pastor. He cannot file a suit objecting the transfer of a Pastor, when another pastor is appointed to the same Parish. Plaintiff Herein also has no locus standi to file the present suit, and he is also not an aggrieved person.
Section 26 in The Code of Civil Procedure, 1908 [Entire Act]
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