Lord Diplock explained the position:
"A right to obtain an interlocutory injunction
is not a cause of action. It cannot stand ... jurisdiction of the court. The right to obtain
an interlocutory injunction is merely ancillary
and incidental to the pre-existing cause of
action
Jer Rutton Kavasmaneck vs Gharda Chemicals Limited on 20 December, 2012
Author: R.D. Dhanuka
Lord Diplock explained the position:
"A right to obtain an interlocutory injunction
is not a cause of action. It cannot stand ... jurisdiction of the court. The right to obtain
an interlocutory injunction is merely ancillary
and incidental to the pre-existing cause of
action
interim stage, the plaintiff
will not be entitled to an interlocutory injunction. To put in
other words, in England, a mere plea of justification ... might substantiate his case, the court is
unlikely to grant an interlocutory injunction in favour of the plaintiffs to restrain
further publication of the alleged
dismissed all claims made by the
Petitioners and also vacated the interlocutory injunction by
directing that it would be opened to the Respondents to
encash
issue that while passing an order granting relief by way of
interlocutory injunction under Order 39 Rule 1, court is not required to
deal with
Sorab Warden, (1990) 2
SCC 117 and has held that mandatory interlocutory injunction can be
granted only in exceptional cases and not in a routine ... interlocutory mandatory
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injunction shall ultimately rest
issue that while passing an order granting relief by way of
interlocutory injunction under Order 39 Rule 1, court is not required to
deal with
permanent. Such a suit would not be maintainable because:(a) an
interlocutory injunction can only be granted depending on the
institutional progress of some proceeding ... suit to be rejected under Order VII Rule 11a. Further, no
interlocutory injunction can be granted unless it is in aid of a
substantive relief
goods as those of the plaintiff, the Court can allow
an interlocutory injunction. It is also held by the Calcutta High Court in
the said
