P&H: CPC: Trial Court Can Allow Additional Material To Support Plea For Vacating Injunction

punjab-haryana
⚖️ Order Date: 18 May 2026
Headnotes

Civil Procedure Code, 1908, S.151, O.39.R.4, Constitution of India, Art.227 — Temprory Injunction - Vacation of -On 21.04.2026 Trial Court has granted liberty to petitioner to file reply to pleading taken in additional affidavit in order to argu on main application u/O.39.R.4 CPC - Petitioner already filed its...

Civil Procedure Code, 1908, O.8.R.1A, O.39.R.4 — Documents at interlocutory stage - O.8.R.1A applies to documents supporting the "defence"/written statement; whereas an application u/O.39.R.4 is an interlocutory proceeding to vary/set aside an injunction based on new circumstances, not just ‘defence’, which allows for fresh evidence - Documents...

Civil Procedure Code, 1908, S.151 — Alleged delay and protraction — The plea that defendants delayed proceedings was rejected in view of the timeline showing petition filed on 01.07.2022 and rejection of plaint application filed on 09.08.2022, rejection of plaint application allowed on 27.05.2025 -  Subsequent restoration of...


Facts of the Case

P&H: CPC: Trial Court Can Allow Additional Material To Support Plea For Vacating Injunction

The Punjab and Haryana High Court has dismissed a civil revision filed by MGF Developments Ltd. challenging a Trial Court order that permitted Cosmo Propbuild Pvt. Ltd. and others to place an additional affidavit with documents on record in support of their application under Order 39 Rule 4 CPC to vacate an injunction.

MGF argued that the defendants sought to spring a last-minute surprise by filing an application under Section 151 CPC during arguments, that all documents ought to have been filed with the written statement under Order 8 Rule 1A CPC, and that the Trial Court could not use...

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