Legal Question in Civil Litigation in India

is there any judgment on the point that even if the plaintiff seeks identical relief in suit as well as temporary injunction resulting in deciding the suit at interim stage should not be granted


Asked on 3/11/10, 9:33 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

As per the law laid down by Supreme Court of India in several decided cases, the courts may not pass an order by way of interim relief which may be ultimate / final relief sought by the plaintiff. In other words, the interim relief should be temporary in nature and capable of restitution or to prevent "irreparable loss and injury".

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Answered on 3/11/10, 10:43 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Already replied.

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Answered on 3/12/10, 6:07 am


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