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april 2004

Supreme Court of India · 2004-04-21

Vareed Jacob vs Sosamma Geevarghese & Ors

Citation / case number
AIR 2004 SUPREME COURT 3992
Court
Supreme Court of India
Petitioner
Vareed Jacob
Respondent
Sosamma Geevarghese & Ors
Author
S.B. Sinha
Bench
S.B. Sinha

Judgment text excerpt

The Supreme Court held that an order of injunction under Order 39, Rules 1 and 2 of the Code of Civil Procedure does not automatically revive upon the restoration of a suit. The Court distinguished between incidental and supplemental proceedings, stating that orders in incidental proceedings may revive with the suit, while supplemental proceedings require fresh orders. The judgment clarifies the inherent jurisdiction of courts to grant injunctions based on statutory powers and the necessity of such orders for effective adjudication.

Vareed Jacob vs Sosamma Geevarghese & Ors · Niyam