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february 2000

Supreme Court of India · 2000-02-02

Rajendra Prasad (Since Dead) By Lrs vs Iiird Addl. Munsif, Deoria And Ors.

Citation / case number
JT2000(7)SC344
Court
Supreme Court of India
Petitioner
Rajendra Prasad (Since Dead) By Lrs
Respondent
Iiird Addl. Munsif, Deoria And Ors.
Author
K.T. Thomas
Bench
K.T. Thomas, D.P. Mohapatra

Judgment text excerpt

The Supreme Court upheld the interpretation of Order 39 Rule 2-A of the Code of Civil Procedure as established in Ram Shankar and Ors. v. Suraj Prasad and Ors., clarifying that the phrase 'the Court in which the suit is proceeding' applies to injunctions issued prior to the 1976 amendment. The Court noted that the interpretation by the Allahabad High Court was correct for cases where disobedience occurred before the amendment date of 1.2.1977. Consequently, the appeal was dismissed, affirming the High Court's decision.

Rajendra Prasad (Since Dead) By Lrs vs Iiird Addl. Munsif, Deoria And Ors. · Niyam