Mohammadhanif Mohammadibrahim Patel v. Pallaviben Rajendra Kumar Patel 2025 INSC 1347 - CPC - Interim Relief - Appeal Against Dismissal Of Suit

Code of Civil Procedure 1908 - Section 96 - Order XLI - Just because the original suit came to be dismissed, that does not mean that in the pending appeal, the appellate court cannot grant appropriate relief as prayed for - he grant of appropriate relief is a discretionary power of the appellate court, and the same must be exercised judicially based on the well-settled principles of a prima facie case, irreparable injury, and balance of convenience- An appeal is considered a continuation of the original suit, and the appellate court has co-extensive power to grant appropriate interim relief to prevent irreparable injury and preserve the status quo pending the final disposal of the appeal. The first appellate court can re-examine both questions of fact and law and may re-appreciate the evidence on record. Its powers are as extensive as the original court’s, meaning it can reconsider the need for interim protection- The court must weigh the potential injury to both parties. In a given case, the plaintiff whose suit has been dismissed may be in a position to highlight before the appellate court a palpable or gross error that might have been committed by the trial court and on the basis of which he may be in a position to argue that there are more than fair chances of his appeal being allowed.(Para 14-21)