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Gunabala Chowdhurani Vs. Hem Nalini Chowdhurani - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in43Ind.Cas.24
AppellantGunabala Chowdhurani
RespondentHem Nalini Chowdhurani
Excerpt:
civil procedure code (act v of 1908), order xxxix, rule 1 - injunction, temporary, great of, principles of. - .....the plaintiff is a pardanashin hindu widow and she sues on the ground that the decree is void on account of fraud and claims a permanent injunction. two subordinate judges have held that a temporary injunction should be issued. it was pointed out that having regard to the fact that the suit was for a permanent injunction the denial of a temporary injunction would be to defeat the object of this suit. it has been said that the learned judge has not considered the question as to whether or not the plaintiff had any chance of success and it has been contended before us that on the basis of the proceedings there are no merits at all. on the contrary the learned judge has found that if a temporary injunction be refused, then 'it will have', to use his own words, 'the unfortunate effect.....
Judgment:

1. This suit was one for declaring a compromise decree Void on the ground of fraud and for a permanent injunction to restrain the defendant from executing the same and also for other reliefs.

2. The plaintiff is a pardanashin Hindu widow and she sues on the ground that the decree is void on account of fraud and claims a permanent injunction. Two Subordinate Judges have held that a temporary injunction should be issued. It was pointed out that having regard to the fact that the suit was for a permanent injunction the denial of a temporary injunction would be to defeat the object of this suit. It has been said that the learned Judge has not considered the question as to whether or not the plaintiff had any chance of success and it has been contended before us that on the basis of the proceedings there are no merits at all. On the contrary the learned Judge has found that if a temporary injunction be refused, then 'it will have', to use his own words, 'the unfortunate effect of a denial of justice to a helpless widow.'

3. The appeal, therefore, must be dismissed with costs, hearing fee being assessed at two gold mohurs.

4. Let the record be sent down to the Court below without delay.


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