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Md. Makibur Rahman vs Md. Wahidur Rahman @ Bhola And Anr. on 10 October, 2002 cites

Bindeshwar Narayan Singh And Ors. vs Managing Committee, Shri Sundarmal ... on 1 September, 1981

The case law cited by Mr. Laskar, learned senior counsel reported in 2002 (2) GLT 299 (Phulmati and Ors. v. Bidyutjyoti Dutta Choudhury) and also another case laws reported in AIR 1982 Gauhati 69 (Bindeshwar Narayan Singh and Ors. v. Managing Committee/Sundarmal Hindi High Schools and Ors. do not help the present petitioners inasmuch as this Court laid down in the said cases that a Court can grant temporary injunction in exercise of inherent power under Section 151 CPC where the provision of Order 39 CPC is not strictly applicable. In the instant case the provision of Order 39 is strictly applicable. It is well settled that the higher appellate Court as well as the revisional court shall be very slow in interfering with the injunction order but when there is infirmity or illegality in the related orders of injunction which was passed without following the procedural standard prescribed by law, the same should be set aside. In the instant case as discussed above the learned trial court completely lost the sight of the related provision, i.e., the proviso of Order 39 Rules 3 & 3A CPC while passing the related two injunction orders namely ex parte injunction order and order making the some absolute, it is also made clear that if the plaintiffs succeed in the case and any construction is made by the defendant No. 2 over the suit premises it is at the risk of the defendant No. 2 and if the suit is decreed then in that case there is a related provision under Section 144 CPC for restitution. Therefore, no prejudice shall be caused upon the plaintiffs if the interim injunction as prayed for is not granted.
Gauhati High Court Cites 5 - Cited by 7 - K N Saikia - Full Document
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