Chhotalal Hirachand vs Jethalal Varajbhai

Beaman, J.—Without going into the entangled story of the litigation which has preceded the present suit, it is enough for all purposes of this appeal to say that the plaintiff after having been defeated under Order XXI, Rule 99, has brought a suit under Rule 103 of the same Order. In that suit he sought for and obtained from the trial Judge a temporary injunction restraining the defendant in the suit from taking possession of the property. Such a temporary injunction, we think, cannot be brought within the terms or the intention of Order XXXIX, Rule 1 or 2. It was, therefore, not within the competence of the learned Judge below to grant the temporary injunction complained of, and we think that this appeal must be allowed, and the order granting the plaintiff a temporary injunction must be set aside, and that injunction dissolved. Costs to be costs in the cause.