1974 (8) TMI 121

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..... an application made by defendant 1 for temporary injunction restraining the plaintiff from interfering with her alleged possession of the suit properties. 2. The plaintiff brought a suit in the Court of the Munsiff at Aland for a permanent injunction restraining the defendants from interfering with her possession. The cause of action as stated in the plaint is that the defendants began to inter .....

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..... referring to a number of earlier decisions of the English Courts, quoted Lopes, LJ, in (1824) 2 Ch 541 at p. 545:-- The question is this -- whether the defendant can move for an injunction against the plaintiff without filing a counter-claim or issuing a writ in a cross-action. In my opinion, he can in some cases, but only in cases where the defendant's claim to relief arises out of the p .....

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..... ose in the year 1973. The two causes of action are different. Therefore, the courts below were wholly in error in granting temporary injunction prayed for by defendant 1. 5. For the reasons stated above, I allow this revision petition, reverse the orders of the Courts below and dismiss defendant-1's application, with costs throughout. 6. Petition allowed. - - TaxTMI - TMITax - India .....

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