IEEE Mumbai Section Welfare Association vs. Global IEEE Institute for Engineers (SC)

Code of Civil Procedure, 1908–Order 7, Rule 11 & Order 39, Rules 1 & 2–Whether in an appeal against rejection of plaint, the High Court could have granted the temporary injunction ?–Held, no–When the plaint itself has been rejected, it cannot be said that the appeal filed against such an order is a continuation of the suit–There should be a subsisting plaint in order to seek an order of temporary injunction–Impugned order is set aside and High Court is directed to decide the appeal expeditiously.