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(2026) Law Today Live Doc. Id. 21044 = 2026:PHHC:072984
Decided on: 11.05.2026
Present:
Mr. I.P.S. Kohli, Advocate for the petitioner.
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Interim injunction -- Observations made while deciding application under Order 39 Rules 1 and 2 CPC are only tentative in nature – Trial Court to decide the suit de hors the observations made.
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Code of Civil Procedure, 1908 (5 of 1908), Order 39 Rules 1 and 2 –Interim injunction – Observations therein -- Effect of -- Observations made in order passed on an application under Order 39 Rules 1 and 2 CPC are only for the purpose of deciding the said application and same are not to be taken into consideration at the stage of final adjudication -- Trial Court directed to decide the main suit on the basis of the evidence and arguments, de hors the observations made in the impugned orders.
(Para 3-5)
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VIKAS BAHL, J. (ORAL) –
1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 13.04.2026 (Annexure P-5) passed by the Additional District Judge, Kapurthala. Challenge is also to the order dated 30.07.2018 (Annexure P-4).
2. Learned counsel for the petitioner has submitted that while passing the order on the application filed under Order 39 Rules 1 and 2 CPC, observations have been made by the Court which might prejudice the case of the petitioner before the trial Court. It is submitted that in the said circumstances, the petitioner be permitted to withdraw the present revision petition with liberty to raise all the pleas which are available to him during the course of trial but has submitted that the trial Court be directed to decide the case independent of the observations made in the impugned orders.
3. It is a matter of settled law that the observations made in order passed on an application under Order 39 Rules 1 and 2 CPC are only for the purpose of deciding the said application and same are not to be taken into consideration at the stage of final adjudication.
4. Keeping in view the abovesaid facts and circumstances and reasonable prayer made on behalf of the petitioner, the present revision petition is dismissed as withdrawn with liberty to the petitioner to raise all the pleas which are available to him, during the course of trial.
5. It is clarified that the trial Court would decide the main suit on the basis of the evidence and arguments raised on behalf of all the parties, de hors the observations made in the impugned orders.
Petition dismissed.
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