Dr. Vimal Sukumar vs D. Lawrence 2025 INSC 622 - Order 1 Rule 8 CPC -Interim Relief
Code of Civil Procedure 1908 - Order 1 Rule 8 - Grant of leave under Order 1 Rule 8 is not prerequisite for grant of interim reliefs since the permission under the said rule can be granted at any stage of the proceedings- While filing of application it is not a mandatory pre- condition for the institution of a suit or for the granting of interim relief, it is a procedural requirement that cannot be disregarded altogether which bears upon the binding nature of any orders issued. Therefore, while the absence of Order 1 Rule 8 is a curable defect, its compliance remains crucial to ensure the enforceability and representative effect of the orders passed. (Para 62-63)
The grant of leave under Order 1 Rule 8 CPC is not prerequisite for grant of interim reliefs since the permission under the said rule can be granted at any stage of the proceedings.
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