Supreme Court held that while considering an appeal against the order of the Trial Court refusing to grant an injunction pending the disposal of the suit, the High Court can’t dismiss the substantive portion of the suit itself and direct that the remaining part of the suit be agitated in a suit filed by the defendant. The Apex Court was

Supreme Court held that while considering an appeal against the order of the Trial Court refusing to grant an injunction pending the disposal of the suit, the High Court can’t dismiss the substantive portion of the suit itself and direct that the remaining part of the suit be agitated in a suit filed by the defendant. The Apex Court was considering an appeal against an order of the High Court virtually dismissing the suit while considering an application for an injunction. The Division Bench of Justice Pamidighantam Sri Narasimha and Justice Joymalya Bagchi held, “In an appeal to the High Court against the order of the Trial Court refusing to grant injunction pending disposal of the suit, the High Court could not have dismissed the substantive portion of the suit itself and direct that the remaining part of the suit be agitated in a suit filed by the defendant. The approach adopted by the High Court is completely illegal and unsustainable in law.”