The Code of Civil Procedure, 1908  - Order VI Rule (17)

Suit for injunction - Suit filed by plaintiff to restrain defendants from interfering with the his possession and enjoyment of the schedule property - Counter claim by defendants - Trial court dismissing counter claim and decreeing the suit of plaintiff for permanent injunction - Amendment sought in written statement during the pendency of the appeal to include prayer for possession in the counter claim - High Court allowing the said amendment - Appeal against - Trial court merely held that remedy of an independent suit available to the defendants - High Court failed to appreciate that order passed by trial court not caused any prejudice to defendants - Counter claim sought to be introduced at the stage of appeal before the High Court - Permitting counter claim at this stage would be to reopen a decree which has been granted in favour of the plaintiff by the trial court - Impugned order of High Court set aside - Appeal allowed.

Topic(s)-Suit for injunction