ASHOK BHANUSHANKAR TRIVEDI Vs. NAGAR PRIMARY SHIKSHAN SAMATI

JUDGEMENT

(1.) XXX XXX XXX.

(2.) Grant of temporary injunction or interim relief in the suit filed by the litigant is a discretion of the court. The powers to grant of temporary injunction or interim relief are conferred upon the courts under Order 39, Rules 1 and 2 and Section 151 of the Civil Procedure Code, 1908. Reading of these two provisions reveal that, it is absolutely discretionary relief and same cannot be granted to the litigant as a matter of right or rule.

(3.) While considering the prayer for grant of temporary injunction or interim relief pending the suit, the court has to consider that the party praying for the same has made out prima facie case, that in case the interim relief as prayed for is not granted it will result in causing irreparable injury to him which cannot be compensated in terms of money and lastly the balance of convenience also favours grant of the same. It is no more res integra that merely because the litigant praying for temporary injunction or interim relief has prima facie case in his favour alone is not sufficient for grant of temporary injunction or interim relief unless on all the three aforesaid ingredients the court is satisfied and then only temporary injunction or interim relief as prayed for can be ordered, but not otherwise.