IEEE Mumbai Section Welfare Association vs Global Ieee Institute For Engineers - CPC - Rejection Of Plaint - Temporary Injunction

Code of Civil Procedure 1908- Order VII Rule 11 - In an appeal filed against the order of rejection of a plaint i , HC granted an order of temporary injunction - Allowing appeal, SC observed : the plaint itself has been rejected by the Commercial Court and the correctness or otherwise of the said rejection is a matter at large before the High Court. When the plaint itself has been rejected, it cannot be said that the appeal filed against such an order is a continuation of a suit. It may be that in the commercial suit the respondent herein had the benefit of an interim injunction, but once the plaint has been rejected by the trial court, until it is revived / restored, an order of temporary injunction cannot operate against the defendant in the suit, who is the respondent in the appeal filed against the rejection of the plaint. In other words, it is necessary that there ought to be a subsisting plaint in order to seek an order of temporary injunction. (Para 5)