2017 - A.P.DIGEST - JUNE 2
Or.39, rule 1 and 2 C.P.C. - granting interim injunction against sub registrar who is not a party to the suit - No interim injunction exparte can be granted against third party to the suit- Even in Shyamali Das v. Illa Chowdary and Others (6th supra), the Apex Court made it clear that the injunction cannot be granted against the person who is not a party to the proceedings, but the Tribunal observed that in the utmost necessity the court can grant an interim order even before impleading the person against whom the interim order is sought for. It is not the law declared by the Apex court, but it is an observation made by the Tribunal. Even otherwise, it is for the court to record reasons that there is an utmost necessity to grant an interim injunction, before impleading a person against whom the interim order was sought for. But here the order is bereft of any reasons to conclude that there is utmost necessity. Even the order is silent that in view of utm...