Case Note & Summary
The petitioners filed a Special Civil Application under Article 227 of the Constitution challenging an order dated 24.03.2022 passed by the 14th Additional District Judge, Rajkot, in Regular Civil Appeal No.6 of 2022. The appellate court had granted an interim injunction in favor of the respondents (original plaintiffs) in an injunction application (Exh.5) pending the appeal. The petitioners contended that the appellate court, by granting the interim injunction, had effectively disposed of the appeal without hearing the petitioners on merits. The High Court observed that the appellate court's order granting interim relief was not sustainable because it pre-judged the appeal and rendered the final hearing meaningless. The court held that the appellate court must decide the appeal on its own merits after hearing both sides, and cannot grant interim relief that effectively allows the appeal. Consequently, the High Court quashed the impugned order and directed the appellate court to decide the appeal afresh on merits, without being influenced by the earlier order, and to dispose of the appeal within six months. The petition was allowed.
Headnote
A) Civil Procedure - Interim Injunction in Appeal - Order 39 Rules 1 and 2, Section 96 Code of Civil Procedure, 1908 - The appellate court granted an interim injunction in a pending appeal which effectively disposed of the appeal without hearing the parties on merits. The High Court held that such interim relief cannot be granted as it would render the appeal infructuous. The appellate court must decide the appeal on its own merits after hearing both sides. (Paras 4-5) B) Civil Procedure - Appellate Court's Power - Section 96 Code of Civil Procedure, 1908 - The appellate court's power to grant interim relief under Order 41 Rule 5 CPC is limited and cannot be exercised in a manner that pre-judges the appeal. The court must not grant relief that effectively allows the appeal without a final hearing. (Para 5)
Issue of Consideration
Whether the appellate court could grant an interim injunction in appeal that effectively disposed of the appeal without deciding the appeal on merits.
Final Decision
The High Court allowed the petition, quashed the impugned order dated 24.03.2022, and directed the appellate court to decide Regular Civil Appeal No.6 of 2022 afresh on merits within six months, without being influenced by the earlier order.
Law Points
- Interim relief should not be granted in appeal if it effectively disposes of the appeal without hearing on merits
- Appellate court must decide appeal on merits
- Order 39 Rules 1 and 2 CPC
- Section 96 CPC
