Supreme Court of India
Jose v. Johnson
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the opinion that in the facts and circumstance o f the present case the High Court was not justified, but the conclusion of the lower appellate court to set aside the judgment and decree of t he trial court and remand the matter for reconsideration by the trial court was the appropriate course.
Judgment, page 7
From the headnote
Suit – Permanent prohibitory injunction – Claim for – Plai ntiff -respondent filed suit for permanent prohibitory injunction i n respect of the suit property – The defendant-appellant disputed the claim of the plaintiff – The Trial Court decreed the suit – The First Appellate Court on reappreciating the matter, set aside the j udgment of the Trial Court and remanded the suit to the Trial Court for fresh disposal in terms of Or. 41 r. 23A CPC – However, the High Court r estored the judgment and decree passed by the Trial Court and held that the suit was for bare injunction and found that the
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