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Darab Kuar and ors. Vs. Gomti Kuar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1900)ILR22All449
AppellantDarab Kuar and ors.
RespondentGomti Kuar
Excerpt:
civil procedure code, section 493 - temporary injunction--'other injury.' - knox, actg. c.j. and blair, j.1. this is an application for an injunction under section 493 of the code of civil procedure. section 493 applies to suits for restraining a defendant from committing a breach of contract or other injury. it is admitted that the case is not concerned with a breach of contract, but it is sought to construe the words 'other injury' as words which might have reference to acts of trespass upon property. there is no authority for such a construction.2. we dismiss the appeal with costs.
Judgment:

Knox, Actg. C.J. and Blair, J.

1. This is an application for an injunction under Section 493 of the Code of Civil Procedure. Section 493 applies to suits for restraining a defendant from committing a breach of contract or other injury. It is admitted that the case is not concerned with a breach of contract, but it is sought to construe the words 'other injury' as words which might have reference to acts of trespass upon property. There is no authority for such a construction.

2. We dismiss the appeal with costs.


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