JAMSEDJI MANEKJI KOTWAL Vs. HARIA DAYA

JUDGEMENT

(1.) This is a suit for an injunction. It has been decided by the District Court that the suit must fail as being barred by Section 244 of the Civil Procedure Code, The bar is said to arise out of the fact that the vendor to the present plaintiff, of the land sought to be protected by the. injunction, obtained in another suit an injunction to the effect now sought.

(2.) Therefore it is said the plaintiff's remedy is not by way of suit but of execution of the former decree.

(3.) The Judge of the-lower appellate Court- appears to rely on Secs.372, 647 and 244 of the Civil Procedure Code. Mr. Mehta has felt that he could not support the decree on that ground. So he has had recourse to Section 232, but at the outset he is met with the difficulty that there has been no transfer of the decree.