LI Network
Published on: January 15, 2024 at 14:00 IST
In a recent judgment, the Supreme Court has clarified that interim relief in a suit can be granted only after recording a prima facie satisfaction on the question of the maintainability of the suit if it is challenged. The Court emphasized that the issue of jurisdiction becomes crucial when considering the grant of interim relief.
The three-Judge Bench comprising Justice B.R. Gavai, Justice Dipankar Datta, and Justice Aravind Kumar made this observation in a recent judgment while examining the scope of the execution court’s power under Section 47 of the Code of Civil Procedure.
The Court stated, “Where interim relief is claimed in a suit before a civil court and the party to be affected by the grant of such relief, or any other party to the suit, raises a point of maintainability thereof or that it is barred by law and also contends on that basis that interim relief should not be granted, grant of relief, in whatever form, if at all, ought to be preceded by the formation and recording of at least a prima facie satisfaction that the suit is maintainable or that it is not barred by law.”
The Court’s ruling came in a case where the appellants filed an execution application, and the respondents objected to it under Section 47 of the CPC, claiming that the decree was inexecutable.
The Executing Court and the High Court held that the objections were well-founded. The Supreme Court, in its analysis, emphasized the importance of the term ‘jurisdiction’ and highlighted the need for the court to have jurisdiction over both the subject matter of the dispute and the authority to grant the relief sought.
The Court concluded that the question of jurisdiction becomes crucial even at the stage when the court considers the grant of interim relief. If the court believes, during the hearing of the application for interim relief, that the suit is barred by law or is not maintainable, it cannot dismiss it without framing a preliminary issue after the written statement is filed but can certainly express such an opinion for refusing interim relief.
The Supreme Court clarified that if a situation arises where it takes time to decide the maintainability of the suit and not granting interim protection could lead to irreversible consequences, the court may proceed to make an appropriate order to prevent irreparable harm or undue hardship.
Case titled is Asma Lateef & Anr. v. Shabbir Ahmad & Ors.
