9911796707
TMI Blog2019 (2) TMI 2014X X X X Extracts X X X X X X X X Extracts X X X X ..... style M/s. Om Garments owned by proforma Defendant No. 2 in Anand Complex, The Mall Solan w.e.f. 28.01.2013 on the basis of partnership deed of the said date with proforma Defendant No. 2 and the Plaintiff has been wrongly dispossessed by the Defendant No. 1 from the Shop No. 3 in the intervening night of 03.03.2013 - 04.03.2013 illegally, wrongfully, without the consent of the Plaintiff or proforma Defendant No. 2. (b) Decree for permanent prohibitory injunction restraining the Defendant No. 1 from causing any interference on any portion of suit premises/Shop No. 3 mentioned above. 3. A written statement was filed by the Appellant herein denying the averments made in the Suit and stating that he has been in possession since 2004 as a te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 1 from the suit shop. It appears from the copy of partnership deed having been relied upon by the applicant that both applicant and Defendant No. 2 had connived with each other in order to oust Respondent No. 1 who is tenant over the suit shop and filed the suit as well as application for temporary and mandatory injunction in the Court. Moreover, when the applicant herself has come with the plea that she is out of possession of the suit shop and she has prayed that possession in her favour be restored qua the suit shop by way of temporary injunction and at the same time the applicant has failed to prove on record that she has prima facie case of balance of convenience lies in her favour or that she is going to suffer irreparable loss as d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears- (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit: Provided that the High Court shall not, under this Section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision, would have finally disposed of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he agreement in question. Clause (c) also does not seem to apply to the case in hand. The words "illegally" and "with material irregularity" as used in this Clause do not cover either errors of fact or of law; they do not refer to the decision arrived at but merely to the manner in which it is reached. The errors contemplated by this Clause may, in our view, relate either to breach of some provision of law or to material defects of procedure affecting the ultimate decision, and not to errors either of fact or of law, after the prescribed formalities have been complied with. The High Court does not seem to have adverted to the limitation imposed on its power Under Section 115 of the Code. Merely because the High Court would have felt incline ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , courts have evolved certain guidelines. Generally stated these guidelines are: (1) The Plaintiff has a strong case for trial. That is, it shall be of a higher standard than a prima facie case that is normally required for a prohibitory injunction. (2) It is necessary to prevent irreparable or serious injury which normally cannot be compensated in terms of money. (3) The balance of convenience is in favour of the one seeking such relief. This judgment also makes it clear that when a mandatory injunction is granted at the interim stage much more than a mere prima facie case has to be made out. None of the aforesaid statutory provisions or judgments have either been adverted to or heeded by the impugned judgment. 9. We, therefore, se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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