Sri. J M Gopal v. Ms. Lahari Chinnappa
Case brief
What is this about?
Writ petition challenging an appellate order that set aside a temporary injunction granted in a suit for declaration over suit schedule property. The High Court held the amendment to Order XXXIX Rule 4 CPC permits an amendment application only until disposal of the suit or action as claimed, so the appellate court could not have allowed it after the suit was listed for cross-examination. Petition allowed with Rs. 25,000 costs.
What did the court decide?
Impugned appellate judgment set aside; trial court's injunction order restored; Rs. 25,000 costs imposed.