Supreme Court of India · 2004-04-21
VAREED JACOB vs SOSAMMA GEEVARGHESE .
- Citation / case number
- SC 2001/17870
- Court
- Supreme Court of India
- Petitioner
- VAREED JACOB
- Respondent
- SOSAMMA GEEVARGHESE .
- 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 clarified that the power to grant injunctions is contingent upon the jurisdiction conferred by the statute and the nature of the proceedings, distinguishing between incidental and supplemental proceedings. The judgment emphasized that orders in incidental proceedings directly affect the outcome of the suit, while supplemental proceedings are invoked to prevent injustice and do not necessarily relate to the suit's final result.