DAYANAND VERMA Vs. MANGILAL

JUDGEMENT

(1.) THE present appeal arises out of order passed by the trial court under Order XXXIX, Rule 1 & 2 CPC, whereby the order to maintain status quo has been passed.

(2.) IT is submitted by learned counsel for the appellants that while deciding the application under Order XXXIX, Rule 1 & 2 CPC, the court has not considered the three basic ingredients for passing of injunction i.e. prima-facie case, balance of convenience and irreparable injury and has casually passed the order for the reason that the suit has been filed by the plaintiff. It was submitted that the plaintiff-respondent has no case at all even the suit filed by him was not maintainable and therefore, the appeal be allowed and his application under Order XXXIX, Rule 1 & 2 CPC be dismissed. In alternative, it was submitted that as the trial court has failed to record any finding on the three ingredients, the matter may be remanded back to the trial court for fresh consideration within a specific time frame.

(3.) HAVING considered the rival submissions made by the parties, this Court is of the firm opinion that the order as passed by the trial court is clearly contrary to the series of judgments laying down the parameters for consideration of application under Order XXXIX, Rule 1 & 2 CPC and it was incumbent of the trial court to record its findings on the three aspects i.e. prima- facie case, balance of convenience and irreparable injury before passing the impugned order.