• Section 100 CPC Suit for Permanent Prohibitory Injunction Suit decreed in favour of plaintiff Appeal filed against same allowed dismissing the suit of plaintiff Hence present second appeal has been filed The suit being one for injunction to protect the plaintiff’s possession from a threatened or impending act of disturbance thereof by the defendants, it was incumbent for the plaintiff to prove the same Plaintiff appears to have led evidence to establish his succession and dispel the defendants’ Will by his evidence as if it were a suit to declare the defendants’ Will void or seek a cancellation thereof But, that is not what the suit is about Plaintiff failed in proving that there is a threatened invasion of his possession at the time when he instituted the suit Present second appeal accordingly dismissed. [Paras 29, 35, 39 and 40 to 42]
Ram vs Amar SA 313/1997 19/01/23 [ MUNIR JJ ]
[ ALLAHABAD HIGH COURT ]