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april 2000

Supreme Court of India · 2000-04-05

Shahzadi Begum vs Badrunnissa Begum And Anr.

Citation / case number
JT2000(10)SC239
Court
Supreme Court of India
Petitioner
Shahzadi Begum
Respondent
Badrunnissa Begum And Anr.
Bench
R.P. Sethi, Shivaraj V. Patil

Judgment text excerpt

The Supreme Court held that the High Court exceeded its jurisdiction under Order 43, Rule 1 C.P.C. by issuing directions regarding the maintainability of the plaintiff's suit while entertaining an appeal against the vacating of an ad interim injunction. The Court emphasized that the Appellate Court should only decide on the entitlement of the plaintiff to an ad interim injunction during the suit's pendency. Consequently, the Supreme Court set aside the High Court's directions, reaffirming that the maintainability of the suit remains to be determined in the ongoing proceedings.

Shahzadi Begum vs Badrunnissa Begum And Anr. · Niyam