TARAPORE AND COMPANY MADRAS Vs. TRACTORS EXPORT MOSCOW

JUDGEMENT

(1.) M/s. Tarapore and Company - hereinafter called the plaintiffs - applied in Suit No. 118 of 1967 for an interim injunction restraining the Bank of India Ltd. - the first defendant in the suit - form taking any steps in pursuance of a letter of credit opened in favour of M/s. V/O Tractors Export, Moscow, the second defendant. Ramamurthi, J., by order dated April 12, 1968, granted an interim injunction restraining encashment of the letter of credit pending disposal of the suit. In appeals under the Letters Patent preferred by the second defendant, the High Court of Madras set aside that order. Against the orders passed in the two appeals, the plaintiffs applied for certificate under Arts 133 (1) (a) and 133 (1) (b) of the Constitution. The High Court observed that an order granting interim injunction "is a final order, as far as this Court is concerned, determining the rights of parties within this lis or proceeding, which is independent though ancillary to the suit," and they were competent to grant the certificate.

(2.) By our order dated October 28, 1968, we ordered that the certificate granted by the High Court do stand revoked. We set out the reasons in support of that order. Article 133 (1) provides, insofar as it is material:

(3.) The expression "judgment" in Art. 133 (1) in the context in which it occurs means a final adjudication by the Court of rights of the parties, and that an interlocutory judgment even if it decides an issue or issues without finally determining the rights and liabilities of the parties is not a judgment, however, cardinal the issue may be. In the present case not even an issue has been decided, and it is not contended that the order of the High Court amounts to a judgment or a decree. The expression "final order", it has been held by a long course of authorities, occurring in Section 205 of the Government of India Act, 1935, Section 109 of the Code of Civil Procedure and Art. 133 (1) of the Constitution means a final decision on the rights of the parties in dispute in a suit or proceeding; if the rights of the parties in dispute in the suit or proceeding remain to be tried, after the order, the order is not final.