Prima Facie jurisdictional determination should take place , before the relief, when the maintainability is questioned: SC
Last Updated on January 15, 2024 by News Desk
It has been observed by the SC that in a case where the maintainability of the civil suit is questioned and the interim relief to be granted is opposed on this ground, the trial court, must firstly see the satisfaction regarding the maintainability and then decide to grant the relief.
The bench that was comprised of Justices BR Gavai , Dipankar Datta and Aravind Kuma observed that it would be inappropriate if the court abstains from recording its prima facie satisfaction on the question of maintainability and yet proceed for the grant of relief.
If the court thinks that at the stage of hearing of the application of interim relief, the suit is not maintainable, it cannot dismiss it without framing a preliminary issue after the written statement is filed but can most certainly assign such opinion for the refusal of the relief.
Case Title:- ASMA LATEEF & ANR. V. SHABBIR AHMAD & ORS.
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
