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.