Rabindra Kumar Shaw (Dead) Thr. Lrs vs Manick Lal Shaw

The Supreme Court held that the dismissal of the plaintiff's application for temporary injunction under Order 39 Rules 1 and 2 of the CPC was improper as it was based solely on the technical ground of non-joinder of necessary parties, specifically the defendant's three sons who were co-owners of the property. The Court emphasized that the merits of the case should be considered, and since the sons were later impleaded, the objection regarding maintainability was resolved. The Court allowed the appeal, thereby reinstating the application for injunction pending the trial's merits.