VidhiSangh

Supreme Court of India · 04/02/2019

TEK SINGH versus SHASHI VERMA AND ANR.

[2019] 3 S.C.R. 697 · 2019 INSC 131

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Summary

The High Court improperly reversed concurrent refusals of interim mandatory relief in a summary possession suit. Section 115 CPC restricted revision of interlocutory orders and permitted correction of jurisdictional errors, not appellate reconsideration of facts. Interim mandatory injunction also required a case stronger than the usual prima facie showing. The lower courts’ orders were restored and prompt disposal of the suit directed.

Issues

  1. Whether the High Court could reverse concurrent refusals of interim mandatory injunction in revision.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside and lower courts’ orders restored. Trial court directed to endeavour to dispose of the Section 6 suit within six months.

Judgment PDF: Supreme Court of India, [2019] 3 S.C.R. 697.